- 1 - NC: 2025:KHC:10560 CP No. 13 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF MARCH, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI CIVIL PETITION NO. 13 OF 2025 BETWEEN: SMT. ANUSHA P. KATTI, W/O PRAVEEN V. KATTI, AGED ABOUT 37 YEARS, R/AT NO. 464/8, NEW NO. 8/1, 3RD FLOOR, 37TH CROSS, 10TH MAIN, 2ND BLOCK, RAJAJINAGAR, BENGALURU - 560 010. …PETITIONER (BY SRI. SOMASHEKHARAIAH R.P, ADVOCATE) AND: SRI. PRAVEEN V. KATTI, S/O VIRUPAKSHAPPA KATTI, AGED ABOUT 42 YEARS R/OF HANUMASAGARA VILLAGE, KUSHTAGI TALUK, KOPPAL DISTRICT - 571 124. …RESPONDENT (RESPONDENT SERVED AND UNREPRESENTED) THIS CP IS FILED U/S. 24 OF CPC 1908, PRAYING TO TRANSFER THE M.C. NO. 68/2024 PENDING ON THE FILE OF THE SR.CIVIL JUDGE, JMFC, AT KUSHATAGI, TO THE FAMILY COURT AT BENGALURU, IN THE ENDS OF JUSTICE AND EQUITY. Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:10560 CP No. 13 of 2025 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 seeking transfer of M.C. No.68/2024, pending on the file of Senior Civil Judge and JMFC, Kushtagi to the Family Court at Bengaluru. 2. The facts of the case are that the marriage between the parties was solemnized on 27.12.2010 at Vijayapura. In view of the differences between the parties, respondent had left the petitioner and her children in Bengaluru and went to Hanumasagar. Thereafter, the wife had lodged a complaint against the respondent and other for the offences under Section 498A and Sections 3 & 4 of Dowry Prohibition Act, before the Women Police Station. Thereafter, on 15.10.2024, the respondent had filed M.C. No.68/2024, before the Senior Civil Judge and JMFC at Kushtagi seeking Restitution of Conjugal Rights under Section 9 of the Hindu Marriage Act. In the wedlock, they have blessed with two children and those two children are staying with the wife. The distance between both - 3 - NC: 2025:KHC:10560 CP No. 13 of 2025 the places is about 400 kms. The wife is residing at Bengaluru and for attending the case, she has to travel about 400 kms. 3. Learned counsel appearing for the petitioner submits that considering the inconvenience to the wife and fact that she is taking care of the children, the pending M.C.No.68/2024 on the file of the Senior Civil Judge and JMFC at Kushtagi may be transferred to the Family Court at Bengaluru. 4. Though notice is served on the respondent, no vakalath is filed on his behalf. 5. Having heard the learned counsel appearing for the petitioner, perused the material on record. Considering the submission made on behalf of the petitioner and the fact that the distance between Kushtagi and Bengaluru is about 400 kms. and wife is taking care of two children, considering the inconvenience that is being caused to the wife, this Court deems it appropriate to allow the petition. Accordingly, this Court is passing the following: - 4 - NC: 2025:KHC:10560 CP No. 13 of 2025 ORDER (i) M.C.No.68/2024, pending on the file of the Senior Civil Judge and JMFC at Kushtagi is withdrawn and transferred to the Family Court at Bengaluru. (ii) The wife shall cooperate with the trial and shall not seek unnecessary adjournments. (iii) Accordingly, the petition is allowed. (iii) All IAs., in this petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE KA List No.: 2 Sl No.: 19 CT: BHK