- 1 - NC: 2025:KHC:769 CP No. 11 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA CIVIL PETITION NO. 11 OF 2024 BETWEEN: SMT. SHILPA MAVALLI W/O CHETHAN PR., AGED ABOUT 34 YEARS, R/A HULIGAMMA DEVI KRUPA, GAMANAGATTI, KHB LAYOUT, NAVANAGAR, HUBLI-580 009 …PETITIONER (BY SRI. ABISHEK N.N., ADVOCATE) AND: SHRI. CHETHAN P.R., S/O SHRI RANGAPPA, AGED ABOUT 35 YEARS, R/A NO.2157, WARD NO.13, SHIVASAI LAYOUT, HOLALKERE TOWN, HOLALKERE TALUK-577 526 …RESPONDENT (BY SRI. HARISH KUMAR M.T., ADVOCATE) THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF THE CPC, PRAYING TO CALL FOR RECORDS AND ISSUE AN ORDER TO THE HONBLE SENIOR CIVIL JUDGE AND JMFC, HOLALKERE CHITRADURGA IN M.C. NO.27/2023, I.E., Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:769 CP No. 11 of 2024 ANNEXURE A, BY TRANSFERRING THE SAID CASE TO THE PRINCIPAL FAMILY JUDGE, AT HUBLI TO TRY AND DISPOSE- OFF THE SAID MATRIMONIAL CASE FILED BY THE RESPONDENT IN ACCORDANCE WITH LAW AND GRANT SUCH OTHER ORDERS AS THIS HONBLE COURT DEEMS FIT IN THE CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA ORAL ORDER The matter was heard on petitioner's side on 06.01.2025. There was no representation on respondent's side on that day. However to give fair opportunity to the respondent to make his submission, the matter was adjourned and was ordered to be listed on this day. Accordingly, the matter is listed on this day. However, even on this day there is no representation on respondent's side. 2. This is a petition filed seeking the Court to transfer M.C. No.27/2023 which is pending before the Court of - 3 - NC: 2025:KHC:769 CP No. 11 of 2024 Senior Civil Judge, Holalkere to the Court of Principal Family Judge, Hubli. 3. Learned counsel for the petitioner Sri.Abishek N.N submitted that the petitioner is the legally wedded wife of the respondent. Out of the lawful wedlock, a child was born and the said child is aged about four years at present. The child is under the care and custody of the petitioner. 4. The petitioner is residing at Hubli. The respondent initiated proceedings at the Court of Senior Civil Judge, Holalkere which is at a distance of 211 Kms from Hubli. The petitioner therefore is traveling from her place to Holalkere along with the child for attending each and every adjournment. The petitioner is finding it extremely difficult to travel for about 5 to 6 hours along with the child. Therefore she moved the application for transfer and thus transfer as prayed for may be effected. 5. The grounds urged seeking for transfer remains unopposed. The said grounds are justifiable. - 4 - NC: 2025:KHC:769 CP No. 11 of 2024 6. This Court is of the view that four years aged child should not be put to inconvenience due to the prevailing disputes between her parents. Therefore, this Court considers desirable to affect transfer as prayed for. 7. Thus, the following:- ORDER i. The petition is allowed. ii. M.C. No.27/2023 which is pending before the Court of Senior Civil Judge, Holalkere is withdrawn and is transferred to the Principal Family Court, Hubli. iii. The Court of Senior Civil Judge, Holalkere is directed to transmit the entire records in M.C. No.27/2023 duly indexed to the Principal Family Court, Hubli within a period of one week from the date of receipt of copy of order. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE VS List No.: 1 Sl No.: 28