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2025 Supreme(Online)(Kar) 31081

KARNATAKA HIGH COURT
AMBIKA – Appellant
Versus
MR. PRAVEEN – Respondent
CP 27 / 2025



IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF MARCH, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI CIVIL PETITION NO. 27 OF 2025 BETWEEN:

AMBIKA W/O.PRAVEEN NAIK AGED ABOUT 36 YEARS, R/AT.NO.804-A, ARYANOPULENCES, OPPOSITE TO MANDOVI MOTORS NEAR SHELL PETROL PUMP, UTTARAHALLI MAIN ROAD, BENGALURU -560 060 …PETITIONER (BY MRS.BHUSHANI KUMAR, ADVOCATE)

AND:

MR. PRAVEEN AGE 41 YEARS S/O RATNAKAR NAIK R/AT TOPPALKERI, KARKI Di gitally HONNAVAR – 581 334 signed by …RESPONDENT SUVARNA T (RESPONDENT SERVED AND UNREPRESENTED)

Location :

HIGH THIS CIVIL PETITION FILED UNDER SEC. 24 OF THE CIVIL COURT OF PROCEDURE CODE, 1908 PRAYING TO WITHDRAWING THE MC KARNATAKA NO.62/2024 PENDING BEFORE THE HON’BLE SENIOR CIVIL JUDGE AND JMFC, HONNAVARA AND TRANSFER THE SAID PETITION TO HON’BLE FAMILY COURT AT BENGALURU.

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

CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

ORAL ORDER

The present petition is filed by the wife seeking transfer of MC.No.62/2024 which is pending on the file of the Senior Civil Judge and JMFC Court, Honnavara to Principal Judge, Family Court, Bengaluru.

2. The facts of the case are that the marriage between both the parties was solemnized on 29.11.2012 at Havyaka Kalyana Mantapa, Karki and from the wedlock they are blessed with baby girl on 28.11.2013 who is aged 11 years old now. In view of the differences between the parties, the wife is residing with her parents at Bangalore and the girl child is studying at Bangalore.

4. On 21.12.2024 the husband had filed the M.C seeking divorce on the file of the Senior Civil Judge and JMFC Court, Honnavara. It is submitted that the wife is residing at Bangalore and the distance between both the places is 500 kms and it is difficult for the wife to travel all the way.

5. As per the cause list it shows that the notice is served on the respondent and no vakalath is filed.

6. Considering the facts that the distance between Honnavara and Bengaluru is about 500 kilometres and the wife has to take care of the child, this court deems it appropriate to allow the petition.

Accordingly this court is passing the following:

ORDER

i. The M.C.No.62/2024 pending on the file of the Senior Civil Judge and JMFC Court, Honnavara is withdrawn and transferred to the Court of the Principal Judge, Family Court, Bengaluru.

ii. The wife shall co-operate with the trial and shall not seek unnecessary adjournments.

iii. Accordingly, the Civil Petition is Allowed iv. All pending I.As., in the civil petition shall stand closed.

SD/-

(LALITHA KANNEGANTI)

JUDGE TS List No.: 2 Sl No.: 14

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