Smt Dhanushree @ Sathyavathi P Vs Sri. M. Chakravarthi

SMT DHANUSHREE @ SATHYAVATHI P W/O M.CHAKRAVARTHI. D/O PADMANATH, AGED ABOUT 29 YEARS, R/AT VEERAPURA VILLAGE, SIRIYURE POST, BHADRAVATHI TALUK, SHIVAMOGA DISTRICT-577 229.

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…PETITIONER

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(BY SRI. MEGALAMANE PRABHU, ADVOCATE)

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AND:

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Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA

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SRI. M. CHAKRAVARTHI S/O D B MALLIKARJUNAIAH AGED ABOUT 29 YEARS R/AT MUDANAHALLI VILLAGE BAGUR HOBLI CHANNARAYAPATNA TALUK HASSAN DISTRICT 573111

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(RESPONDENT IS SERVED AND UNREPRESENTED)

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…RESPONDENT

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THIS CP IS FILED UNDER SECTION 24 OF CPC, PRAYING TO TRANSFER M.C.NO.137/2024 DIVORCE PETITION FILED BY THIS RESPONDENT AGAINST THIS PETITIONER BEFORE HONBLE ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, CHANNRAYAPATNA, HASSAN DISTRICT TO THE FAMILY COURT BHADRAVATHI, SHIVAMOGA DISTRICT, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.

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NC: 2025:KHC:25657 CP No. 76 of 2025

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HC-KAR

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THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE C.M. POONACHA

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ORAL ORDER

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The present petition is filed by the wife seeking for transfer of MC No.137/2024 pending on the file of the Additional Senior Civil Judge and JMFC, Channarayapatna, Hassan District, to the Family Court, Bhadravathi, Shivamogga District.

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For the sake of convenience, the parties herein are

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referred to as per their relationship.

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It is forthcoming that the marriage between the parties was solemnized on 21.2.2022 and a son was born to the parties from their wedlock. However, due to various reasons, the parties have been residing separately.

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The wife has filed Crl.Misc.No.9/2025, under the provisions of Bharatiya Nagarik Suraksha Sanhita, 2023¹ , f or maintenance, which is pending before the Additional Senior

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1 Hereinafter referred to as ‘BNSS Act’

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NC: 2025:KHC:25657 CP No. 76 of 2025

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HC-KAR

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Civil Judge and JMFC, Bhadravathi,. The wife has also filed MC No.8/2025 under Section 9 of the Hindu Marriage Act, 1955² for restitution of conjugal rights, which is pending before the Principal Civil Judge and JMFC, Bhadravathi. The husband has filed MC No.137/2024 under Section 13(1)(ia), (ib) and (ie) of the Act of 1955 for divorce, which is pending before the Additional Senior Civil Judge and JMFC, Channarayapatna, Hassan District. Seeking for transfer of MC No.137/2024, the present petition is filed.

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Heard the submissions of learned counsel for the

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petitioner. The respondent is served and unrepresented.

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It is the contention of the learned counsel for the petitioner that the husband is gainfully employed and having an independent source of income. That the wife is staying along with her parents and is depending on them for the livelihood of herself and the son of the parties. That the wife will be put to great hardship if she is required to travel to Channarayapatna for the purpose of contesting the proceedings initiated by the husband.

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2 Hereinafter referred to as ‘Act of 1955’

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NC: 2025:KHC:25657 CP No. 76 of 2025

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HC-KAR

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Having regard to the fact that the son of the parties is under the care and custody of the wife, as also the contention that the wife is depending on her parents for the livelihood of herself and the son of the parties, having regard to the fact that the husband in any event will be required to travel to Bhadravathi for the purpose of contesting the proceedings initiated by the wife, as also keeping in mind the settled proposition of law as held by the Hon’ble Supreme Court in the case of N.C.V. AISHWARYA VS A.S.SARAVANA KARTHIK

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SHA³ that while considering cases for transfer of matrimonial proceedings, the convenience of wife will have to be given precedence to, it is just and proper that the relief sought in the present petition be granted.

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