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Shwetha S vs Shashikumar M.J & Ors

Karnataka High Court · Decided on 17 January 2025 · Citation: (2025) 01 KAR CK 1608

HON’BLE JUDGES
R Devdas, J
RESULT
Disposed Of
CASE NUMBER
Civil Petition No. 331 Of 2024
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Judgment

12 paragraphs · 305 words

Chillakur Sumalatha, J

1.

Heard Sri.Laxminarayan.N.Hegde, learned counsel for the petitioner as well as Sri.Ramesh.P.Kulkarni, learned counsel for the respondent.

2.

This is a petition filed under Section 24 of Code of Civil Procedure seeking the Court to transfer M.C.No.54/2024 which is pending before the Court of Senior Civil Judge, Tiptur to the Principal Family Court, Bengaluru.

3.

Learned counsel for the petitioner states that the petitioner is the wife of the respondent. On the relationship between them became strained, they started living separately. The petitioner as well as the respondent are residing at Bengaluru only. However, the respondent with an intention to harass the petitioner filed a petition vide M.C.No.54/2024 at his native place Tiptur. It would be convenient for the petitioner as well as the respondent to attend the Court at Bengaluru and to pursue the matter. Therefore, transfer as prayed for may be effected.

4.

Though learned counsel for the respondent opposed for such a transfer, he did not deny the fact that the respondent is also residing at Bengaluru at present.

5 Therefore, having considered the place of residence of both the parties, this Court is of the view that transfer as prayed for is required to be effected.

6.

Thus the following:

ORDER

(i) The Petition is allowed.

(ii) M.C.No.54/2024 which is pending before the Court of Senior Civil Judge, Tiptur is withdrawn and transferred to the Principal Family Court, Bengaluru.

(iii) The Court of Senior Civil Judge, Tiptur is directed to transmit the entire records in M.C.No.54/2024 duly indexed to the Principal Family Court, Bengaluru within a period of one week from the date of receipt of copy of this order.

(iv) Both the parties are directed to make their appearance before the Principal Family Court, Bengaluru on 04.03.2025. Issuance of further notice to the parties is not required.