Smt. Vidhya @ C P Gayathri Vs Sri Mithun K J

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1 - NC: 2026:KHC:15204 CP No. 439 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 13^TH DAY OF MARCH, 2026

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BEFORE

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THE HON'BLE MRS. JUSTICE P SREE SUDHA CIVIL PETITION NO. 439 OF 2025

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BETWEEN:

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SMT. VIDHYA @ C P GAYATHRI, W/O MITHUN K. J. D/O PRABHUSWAMY C. S. AGED ABOUT 32 YEARS, RESIDING AT CHIKKAHOSUR VILLAGE, KOPPA POST, HARANAHALLI HOBLI, PIRIYAPATNA TALUK, MYSORE DISTRICT - 571 104.

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…PETITIONER

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(BY SRI. LOKESH S G., ADVOCATE)

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AND:

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SRI MITHUN K. J. Digitally signed by S/O LATE JAYAPPA, PADMASHREE AGED ABOUT 39 YEARS, SHEKHAR DESAI RESIDING AT FLAT NO.C-808, Location: High Court of C2 BLOCK, "ROHAN AKRITI" APARTMENT, Karnataka CUBBALALA, JHS SOCIETY LAYOUT, SUBRAMANYAPURA, UTTARAHALLI HOBLI, BENGALURU - 560 061.

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…RESPONDENT

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(BY SRI. NAGESH M. E., ADVOCATE)

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THIS CP IS FILED UNDER SECTION 24 OF CPC, PRAYING TO PASS ON ORDER OF TRANSFER OF THE CASE BEARING

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2 - NC: 2026:KHC:15204 CP No. 439 of 2025

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HC-KAR

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M.C.NO.770/2023 WHICH IS PENDING BEFORE THE HONBLE IV ADDITIONAL SENIOR CIVIL JUDGE, BENGALURU RURAL AT BENGALURU TO HONBLE SENIOR CIVIL JUDGE AND JMFC, PERIYAPATNA AND PASS SUCH OTHER ORDER OR ORDERS, AS THIS HONBLE COURT DEEMS FIT AND PROPER IN THE FACTS AND CIRCUMSTANCES OF THE CASE IN THE ABOVE CASE, IN THE INTEREST OF JUSTICE AND EQUITY.

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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 MRS. JUSTICE P SREE SUDHA

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ORAL ORDER

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Heard the arguments of both sides.

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This Civil Petition is filed by the wife for transfer

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of M.C.No.770/2023, filed by the husband for divorce on 15.12.2023, from the Court of IV Additional Senior Civil Judge at Bangalore Rural, Bangalore, to the Court of Senior Civil Judge and JMFC at Periyapatna.

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Learned counsel for the petitioner has stated

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that the petitioner has filed Crl.Misc.No.226/2023 under Section 125 of Cr.P.C. seeking maintenance for her son

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3 - NC: 2026:KHC:15204 CP No. 439 of 2025

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HC-KAR

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before the Court of Senior Civil Judge and JMFC at Periyapatna. The petitioner is residing at her parents’ house at Periyapatna along with her minor son, aged 9 years. It is further stated that she is working in a software company and has opted to work from home. She has produced the school identity card of her son to show that he is studying in Periyapatna. Therefore, she requested for transfer of M.C.No.770/2023 from the Court of the IV Additional Senior Civil Judge at Bangalore Rural, Bangalore to the Court of Senior Civil Judge and JMFC at Periyapatna.

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In the objections filed by the respondent, it is admitted that the petitioner is working as a Senior SDET at Informatica Business Solution (P) Ltd, No.66/1, Bagmane Commerz 02, Bengaluru Tech Park, C. V. Raman Nagar, Bengaluru and receiving a handsome salary. It is further stated that she is attending her work from home. It seems that visitation rights have been granted to the respondent, permitting him to meet his son on every Sunday from

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4 -

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NC: 2026:KHC:15204 CP No. 439 of 2025

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HC-KAR

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10.00 a.m. to 06.00 p.m. at any public place either at Periyapatna or at Bengaluru.

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The respondent is also an MBA graduate and a software engineer. It is further stated that he is paying Rs.5,000/- per month regularly towards the maintenance of his minor son as per the direction in Crl.Misc.No.226/2023. The respondent is residing with his mother, aged 65 years, who has undergone surgery for gall bladder removal and heart valve replacement and also she is suffering from Chronic disease. Therefore, he has to take care of her. It is also stated that he owns land in his village, but he is unable to take proper care of it. The petitioner has contended that it is very difficult and unsafe for her to travel to Bengaluru along with her minor son. Admittedly, she is working in Bengaluru and has opted to work from home at Periyapatna as she is residing there with her parents. Therefore, her contention that it is difficult for her to travel to Bengaluru cannot be accepted.

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5 - NC: 2026:KHC:15204 CP No. 439 of 2025

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HC-KAR

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It is further stated that in the divorce case, the respondent herein has already filed his affidavit and the matter is posted for marking of documents and crossexamination. Even the petitioner/wife can file her chief affidavit and her cross-examination can be conducted either through a Commissioner or through video conferencing. Therefore, this Court finds no merits in the transfer application and the Family Court is directed not to insist upon the personal appearance of the petitioner/wife unless her presence is necessary for the purpose of the case.

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Accordingly, the Civil Petition is dismissed.

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In view of disposal of petition, pending IA's stand disposed of.

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Sd/(P SREE SUDHA) JUDGE

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AMA/List No.: 1 Sl No.: 40

Smt. Vidhya @ C P Gayathri v. Sri Mithun K J

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Smt. Vidhya @ C P Gayathri v. Sri Mithun K J

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