- 1 - NC: 2025:KHC:13730 CP No. 60 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF APRIL, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI CIVIL PETITION NO. 60 OF 2025 BETWEEN: SMT RATHNA AGED ABOUT 38 YEARS, W/O. SRI. RAVI, D/O. SRI.BHUDALA SANNAIRAPPA, R/AT MALAI VILLAGE, V.PALYA POST, CHITRADURGA TALUK-577 515. …PETITIONER (BY SRI. GOPALAKRISHNA GOWDA, ADVOCATE) AND: SRI RAVI AGED ABOUT 39 YEARS, S/O. SRI.RAMA BHOVI, MONEY LENDER, PERMANENT RESIDENT OF LAXHMIPURA VILLAGE, KASABA HOBLI, KADUR TALUK, CHIKKAMAGALUR DISTRICT-577 117 …RESPONDENT (BY SRI.T.GIRISH, ADVOCATE) THIS CIVIL PETITION FILED UNDER SEC. 24 OF THE CIVIL PROCEDURE CODE, 1908 PRAYING TO TRANSFER THE CASE MC NO.88/2024 FILED BY THE RESPONDENT AGAINST THE PETITIONER BEFORE THE HONBLE SENIOR CIVIL JUDGE AND JMFC COURT, KADUR, CHIKAMAGALUR DISTRICT TO THE HON’BLE PRL. SENIOR CIVIL JUDGE AND JMFC, COURT, AT CHITRADURGA, CHITRADURGA DISTRICT BY ALLOWING THIS PETITION WITH COST THROUGHOUT IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:13730 CP No. 60 of 2025 CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER The present petition is filed by the petitioner/wife seeking transfer of MC.No.88/2024 filed by the respondent/husband pending on the file of the Senior Civil Judge and JMFC Court, Kadur, Chikamagalur District, to the file of the Principal Senior Civil Judge and JMFC Court, at Chitradurga, Chitradurga District. 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 between the petitioner and the respondent was solemnized on 08.03.2015 at Tharalabalu Kalyana Mantapa, Bheema Samudra, Chitradurga Taluk and in the wedlock, they are blessed with a male child on 30.12.2015. On 27.08.2021, the wife had initiated proceedings under the Domestic Violence Act in Crl.Misc.No.383/2021 before the II Additional Civil Judge and JMFC Court, at Chitradurga. On 23.10.2024, the husband had filed MC.No.88/2024 before the Senior Civil Judge and JMFC Court, Kadur, Chikamagalur District. On 07.11.2024, the wife - 3 - NC: 2025:KHC:13730 CP No. 60 of 2025 had filed MC.No.173/2024 seeking restitution of conjugal rights before the Principal Senior Civil Judge and CJM Court, at Chitradurga. 4. Learned counsel appearing for the wife submits that the distance between Chitradurga and Chikamagalur is about 130 kilometers and she has to take care of the child who is aged 10 years old. It is submitted that it is difficult for the wife to travel and attend the Court at Chikamagalur. 5. Notice to the respondent is held sufficient. 6. Considering the submission of the learned counsel appearing for the wife and the fact that already MC.No.173/2024 filed by the wife seeking restitution of conjugal rights is pending before the Principal Senior Civil Judge and CJM Court, at Chitradurga and the wife has to take care of the child who is aged 10 years old, this Court deems it appropriate to pass the following order: ORDER i. MC.No.88/2024 filed by the respondent pending on the file of the Senior Civil Judge and JMFC Court, Kadur, Chikamagalur District, is - 4 - NC: 2025:KHC:13730 CP No. 60 of 2025 withdrawn and the same is transferred to the file of the Principal Senior Civil Judge and JMFC Court, at Chitradurga, Chitradurga District. ii. The wife shall co-operate with the trial. iii. Accordingly, the Civil Petition is allowed. iv. All I.As. in this Civil Petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE MEG List No.: 1 Sl No.: 5