- 1 - NC: 2025:KHC:5769 CP No. 65 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA CIVIL PETITION NO. 65 OF 2023 BETWEEN: MRS. USHA N., W/O. MR. RAVI M., AGED ABOUT 25 YEARS RESIDING AT KENCHIBAGILU, HALENAGARA, BHADRAVATHI TOWN, SHIMOGA - 577 301. …PETITIONER (BY SRI. KAPIL DIXIT, ADVOCATE) AND: MR. RAVI M., S/O. LATE MOHAN RAO AGED ABOUT 37 YEARS RESIDING AT CHRUCH OF SOUTH INDIA HOSPITAL, HAZARATH KAMBAL POSH, BANGALORE - 560 051. …RESPONDENT (RESPONDENT IS SERVED) THIS CIVIL PETITION FILED UNDER SECTION 24 OF CPC 1908, PRAYING TO PASS ORDERS FOR TRANSFER OF M.C. NO.5042/2022 PENDING ON THE FILE OF THE I ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT BANGALORE TO AN EQUIVALENT COURT AT BHADRAVATHI. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:5769 CP No. 65 of 2023 CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA ORAL ORDER Heard Ms.Rachana who appears through video conference and represents Sri.Kapil Dixit, learned counsel on record for the petitioner. Though notice was served upon the respondent, respondent did not choose to prosecute the matter. 2. This is a petition filed seeking the Court to transfer M.C.No.5042/2022 which is pending before the Court of I Additional Principal Judge, Family Court, Bengaluru to an equivalent Court at Bhadravathi. 3. Learned counsel for the petitioner submits that the petitioner is the wife of the respondent. Through the lawful wedlock, they gave birth to two children. The children are residing with the petitioner at present. The respondent filed a petition for restitution of conjugal rights vide M.C.No.5042/2022 and the same is pending before the Court of I Additional Principal Judge, Family Court, - 3 - NC: 2025:KHC:5769 CP No. 65 of 2023 Bengaluru. The petitioner is residing at Bhadravathi town. The children of the petitioner are aged less than 5 years at present. The petitioner is under obligation to look after the welfare of those children. The petitioner therefore, is unable to travel from Bhadravathi to Bengaluru and attend the Court on each and every date of adjournment. Therefore, she moved the petition seeking transfer of the case from Bengaluru to Bhadravathi. 4. The grounds urged by the petitioner remains unopposed. 5. In the pleadings that is the petition filed by the respondent herein for restitution of conjugal rights there is clear mention that the petitioner herein is residing at Bhadravathi town. 6. Having considered the grounds urged which appears justifiable, this Court is of the view that transfer as prayed for is required to be effected. - 4 - NC: 2025:KHC:5769 CP No. 65 of 2023 7. Therefore, the petition is disposed of with the following: ORDER (i) The Petition is allowed. (ii) The case in M.C.No.5042/2022 which is pending before the Court of I Additional Principal Judge, Family Court, Bengaluru is withdrawn and is transferred to the Family Court, Bhadravathi having jurisdiction to deal with the matter. (iii) The Court of I Additional Principal Judge, Family Court, Bengaluru is directed to transmit entire record in M.C.No.5042/2022 duly indexed to the Family Court, Bhadravathi within one week from the date of receipt of copy of this order. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE NS CT:TSM List No.: 1 Sl No.: 44