- 1 - NC: 2025:KHC:17560 CP No. 28 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF APRIL, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI CIVIL PETITION NO. 28 OF 2025 BETWEEN: SMT. AMITHA A.M. D/O. MAHADEVAIAH A.S. AGED ABOUT 38 YEARS, W/O. SHIVAPRAKASH DEV S.M NO.299, TRIPURASUNDARI, BLUEJAY ARDLEY DODDBELE, KENGERI, BENGALURU- 560060, …PETITIONER (BY MS. ASHIKA GURUMATH, ADVOCATE FOR SRI. SOMANATHA H., ADVOCATE) AND: SRI. SHIVAPRAKASH DEV S.M. S/O LATE MAHADEVAPPA R.M. AGED ABOUT 44 YEARS, HOUSE NO. 05, 1ST FLOOR, 29TH BLOCK, NEAR AMRUTH BAKERY, SRIRAMPUR, 2ND STAGE, MYSORE - 570 023. …RESPONDENT (BY SRI. VIDYASAGAR H V., ADVOCATE FOR SRI. KEMPARAJU, ADVOCATE) THIS CIVIL PETITION IS FILED UNDER SEC.24 OF THE CIVIL PROCEDURE CODE, 1908 PRAYING TO TRANSFER OF G AND WC NO.70/2024 FROM HON'BLE III ADDITIONAL, PRINCIPAL FAMILY COURT, MYSURU TO HON'BLE IV ADDITIONAL PRINCIPAL, JUDGE, 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 Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17560 CP No. 28 of 2025 ORAL ORDER The present petition is filed by the petitioner/wife seeking transfer of G&WC.No.70/2024 filed by the respondent/husband pending on the file of the III Addl. Principal Judge, Family Court at Mysuru to the IV Addl. Principal Judge, Family Court at Bengaluru. 2. The parties are referred to as husband and wife for the sake of convenience. 3. The facts of the case are that the marriage of the petitioner and the respondent was solemnized on 09.05.2019 at Bengaluru and in the wedlock they are blessed with a son, who is aged about 5 years. In view of the differences between the parties, on 10.12.2024 the wife had filed M.C. No.7659/2024 on the file of the IV Addl. Principal Judge, Family Court at Bengaluru seeking decree of divorce. Thereafter, the husband had filed G & WC.No.70/2024 on the file of the III Addl. Principal Judge, Family Court at Mysuru seeking the custody of the child. - 3 - NC: 2025:KHC:17560 CP No. 28 of 2025 4. Learned counsel appearing for the petitioner/wife submits that the wife is residing with her parents at Bengaluru and she has to take care of the child, who is aged about 5 years. The distance between Bengaluru and Mysuru is about 160 kilometers. It is difficult for the wife to travel all the way from Bengaluru to Mysuru. 5. Learned counsel appearing for the respondent/ husband submits that there is no objection to transfer the G & WC.No.70/2024 from Mysuru to Bengaluru. 6. Having heard the learned counsels on either side, perused the material on record. Considering the facts that the wife is staying at Bengaluru along with her parents and she has to take care of the child, who is aged about 5 years. The distance between Bengaluru and Mysuru is about 160 kilometers and further husband has no objection to transfer the case. Hence, this Court deems it appropriate to pass the following: - 4 - NC: 2025:KHC:17560 CP No. 28 of 2025 ORDER i. The G & WC.No.70/2024 pending on the file of the III Addl. Principal Judge, Family Court at Mysuru is withdrawn and transferred to the IV Addl. Principal Judge, Family Court at 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 I.As., in the civil petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE BN List No.: 2 Sl No.: 9 CT:SK