Civil Petition No. 517 of 2024 · The High Court
Case Details
- 1 - NC: 2025:KHC:10045 CP No. 517 of 2024 C/W CP No. 335 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF MARCH, 2025 THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI BEFORE CIVIL PETITION NO. 517 OF 2024 C/W CIVIL PETITION NO. 335 OF 2024 IN CP No. 517/2024 BETWEEN: SMT S.KAVITHA AGED ABOUT 36 YEARS, W/O. G.S. KARUNAKAR, D/O. K.C. SIDDARAMANNA, R/AT NO. 28/2, 8TH MAIN, 10TH CROSS, BHUVANESHWARI NAGAR, T. DASARAHALLI, BENGALURU-560 057. Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA
Legal Reasoning
(BY SRI.RAGHAVENDRA A.S., ADVOCATE) AND: SRI G.S.KARUNAKAR AGED ABOUT 43 YEARS, S/O. G.S.SHIVARUDRAPPA, R/AT GANGASANDRA VILLAGE, KASABA HOBLI, GUBBI TALUK, TUMKURU DISTRICT-572 219. (BY SRI. NAGESH S., ADVOCATE) …PETITIONER …RESPONDENT THIS CP IS FILED UNDER SECTION 24 OF THE CPC, PRAYING TO TRANSFER THE PETITION MC NO. 03/2024 FILED BY RESPONDENT BEFORE THE PRINCIPAL SENIOR CIVIL JUDGE AND JMFC, AT GUBBI, TO THE VI ADDITIONAL FAMILY COURT AT BENGALURU WHERE PETITIONERS M.C. NO. 1418/2024 IS PENDING CONSIDERATION AND TO PASS SUCH OTHER ORDERS AS THIS COURT DEEMS FIT IN THE INTEREST OF JUSTICE. - 2 - NC: 2025:KHC:10045 CP No. 517 of 2024 C/W CP No. 335 of 2024 ...PETITIONER IN CP NO. 335/2024 BETWEEN: SRI. G.S. KARUNAKAR AGED ABOUT 43 YEARS, S/O G.S.SHIVARUDRAPPA, R/A GANGASANDRA VILLGE, KADABA HOBLI GUBBI TALUK, TUMKUR DIST -572 219 (BY SRI. NAGESH S., ADVOCATE) AND: SMT. S. KAVITHA AGED ABOUT 36 YEARS, W/O G.S.KARUNAKAR, D/O K.C. SIDDARAMANNA PERMANENT RESIDENT OF DODDAGORAGATTA DANDINASHIVARA HOBLI, TURUVEKERE TALUK TUMKURU DIST AND PRESENTLY R/AT AS PER MC NO 1418/2024, NO 28/2, 8TH MAIN, 10TH CROSS BHUVANESHWARINAGARA, T DASARAHALLI, BENGALURU -560 057 ...RESPONDENT (BY SRI. RAGHAVENDRA A.S., ADVOCATE) THIS CIVIL PETITION FILED UNDER SECTION 24 OF CPC, PRAYING TO PASS AN ORDER TO TRANSFER THE PETITION FILED BY RESPONDENT IN MC NO.1418/2024 ON THE FILE OF VI ADDL. PRL. FAMILY JUDGE, FAMILY COURT BENGALURU TO PRL. SENIOR CIVIL JUDGE AND JMFC GUBBI AND PASS SUCH OTHER ORDERS AS THIS COURT DEEMS FIT IN THE INTEREST OF JUSTICE. THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - NC: 2025:KHC:10045 CP No. 517 of 2024 C/W CP No. 335 of 2024 ORAL ORDER CP.No.517/2024 is filed by the wife seeking transfer of M.C.No.3/2024 filed by the husband before the Principal Senior Civil Judge and JMFC, at Gubbi, to the VIth Additional Family Court, Bangalore, where MC.No.1418/2024 which is filed by the wife under Section 9 of the Hindu Marriages Act, 1955, is pending consideration. 2. CP.No.335/2024 is filed by the husband seeking transfer of MC.No.1418/2024 on the file of VI Additional Principal Judge, Family Court, Bengaluru to Principal Senior Civil Judge and JMFC, Gubbi. 3. The parties are referred to as husband and wife for the sake of convenience. 4. The facts of the case are that the marriage between the petitioner and the respondent was solemnized on 30.04.2006 at Gangasandra Village, Kadaba Hobli, Gubbi Taluk and in the marriage, they are blessed with two children, a daughter born on 12.10.2008 and a son born on 01.12.2010. In the light of the differences between the parties, the wife left the matrimonial home and the husband had filed a missing - 4 - NC: 2025:KHC:10045 CP No. 517 of 2024 C/W CP No. 335 of 2024 complaint. Thereafter on 03.01.2024, the husband has filed MC.No.3/2024 seeking divorce. After that, on 29.02.2024, the wife had filed MC.No.1418/2024 before the VIth Additional Family Court, Bengaluru, with an intention of settlement. 5. Learned counsel appearing for the wife submits that the wife is staying with her brother at Bengaluru and considering her convenience, M.C.No.3/2024 filed by the husband before the Principal Senior Civil Judge and JMFC, at Gubbi, has to be transferred to the file of the VIth Additional Family Court, Bangalore. 6. Learned counsel appearing for the husband submits that both the children are residing with the husband and he is taking care of them. He submits that the distance between both the places is about 120 km and it is difficult for the husband to travel as he is taking care of children. It is submitted that in fact, the wife's parents are staying near to the Family Court, at Gubbi, but for the reasons best known to her, though she is not working, she is staying at Bengaluru. It is submitted that now as such children are dependent on the husband, his convenience has to be taken into consideration. - 5 - NC: 2025:KHC:10045 CP No. 517 of 2024 C/W CP No. 335 of 2024 7. In response to that, learned counsel appearing for the wife submits that the wife is attending tailoring classes staying at her brother's place and her convenience has to be taken into consideration, and the petition filed by the husband has to be transferred to Bengaluru. 8. Having heard the learned counsels on either side, perused the entire material on record. In this case, admittedly, the wife is not working. It is stated that she is taking tailoring classes. According to the wife, her brother is taking care of her parents as well as herself and right from the year 2021, the children are staying with the husband. Admittedly, no petition is filed seeking custody. When the husband is taking care of two children, the Court has to look not only at the convenience of the wife but also the husband who is taking care of the children. Hence, this Court do not find any bonafides in CP.No.517/2024 filed by the wife and finds grounds in CP.No.335/2024 filed by the husband. In that view of the matter, this Court is passing the following order:
Decision
ORDER i. MC.No.1418/2024 which is pending on the file of the VIth Additional Principal Judge, Family - 6 - NC: 2025:KHC:10045 CP No. 517 of 2024 C/W CP No. 335 of 2024 Court, Bengaluru, is withdrawn and the same is transferred to the file of the Principal Senior Civil Judge and JMFC, Gubbi. ii. CP.No.335/2024 filed by the husband is allowed. iii. CP.No.517/2024 filed by the wife is dismissed. iv. All I.As. in these Civil Petitions shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE MEG List No.: 2 Sl No.: 18