IN THE HIGH COURT OF KARNATAKA AT BENGALURU
P Sree Sudha, J
PRAVEEN MOEJAES GONSALVES – Appellant
Versus
ZEENA FERNANDES – Respondent
CP No. 413 of 2025
| Table of Content |
|---|
| 1. establishing grounds for transfer based on child welfare and party convenience. (Para 1 , 2 , 3 , 4) |
| 2. judicial determination of the reasonableness of a transfer request. (Para 5) |
THIS CP IS FILED U/S.24 OF CPC 1908, PRAYING TO DIRECT TRANSFER OF THE PETITION FILED BY THE RESPONDENT IN MC NO.3/25 BEFORE THE HONBLE COURT OF II ADDITIONAL PRL. DISTRICT AND SESSIONS JUDGE, U.K. KARAWAR TO THE COURT OF PRINCIPAL JUDGE, FAMILY COURT AT BANGALORE.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA
ORAL ORDER
Appellant's counsel present.
Inspite of service of notice, respondent did not turn up and remained ex-parte.
2. Heard the arguments of appellant's counsel.
3. This petition filed by husband for transfer of M.C.No.3/2025 filed on 03.03.2025 by wife for divorce before Principal District Judge Court, U.K., Karwar to Bangalore Court.
4. It is stated that their marriage was performed on 04.05.2013 and they are blessed with two children but they are separated in December 2024 and living separately. Both the children are staying with the husband/father and it is stated that the first child is having some health issues as detailed in the application and the child requires attention. It is further stated that wife is also working in Bangalore but she gave her relative's address at Karwar and filed case in Karwar only to trouble him. Thus, he filed this petition for transfer of M.C.No.3/2025 from Principal District and Sessions Judge Court at U.K., Karwar to Principal Family Court at Bangalore.
5. For the reasons stated above, this Court finds it reasonable to transfer the case from U.K., Karwar to Family Court in Bangalore.
Accordingly, civil petition is allowed
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