- 1 - NC: 2025:KHC:15569 CP No. 77 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI CIVIL PETITION NO. 77 OF 2025 BETWEEN: SMT. UMA SHANKARI R., W/O B.U. RAJESH D/O R.RUDRAPPA AGED ABOUT 42 YEARS, R/O SIDDARAMESHWARA NILAYA 5TH CROSS, CHURCH ROAD, VIDYA NAGAR, TIPTUR -572 201 …PETITIONER (BY SRI. BALASUBRAHMANYA K.M., ADVOCATE) AND: SRI B.U.RAJESH S/O LATE B.R.UMESH AGED ABOUT 45 YEARS, RESIDING AT NO. 89, 90, 5TH MAIN, OMKAR NAGAR, AREKERE GATE, BANNERGHATTA ROAD, BANGALORE – 560 076 …RESPONDENT (BY SRI. B.S.BASAVARAJU, ADVOCATE) THIS CIVIL PETITION FILED UNDER SEC. 24 OF THE CIVIL PROCEDURE CODE. 1908, PRAYING TO WITHDRAW MC NO.580/2016 ON THE FILE OF THE VITH ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BANGALORE AND TRANSFER THE SAME TO THE COURT OF SENIOR CIVIL JUDGE AND JMFC, TIPTUR WHERE CRL. MISC NO.1/2023 IS PENDING AND DIRECT THE SAID HONBLE COURT OF TIPTUR TO DISPOSE OF MC NO.580/2016 AND CRL. MISC NO.1/2023 TOGETHER, AND TO PASS SUCH OTHER ORDER AS THIS Digitally signed by MEGHA MOHAN Location: High Court Of Karnatka - 2 - NC: 2025:KHC:15569 CP No. 77 of 2025 HONBLE COURT DEEMS FIT, IN THE INTEREST OF JUSTICE AND EQUITY. 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 by the petitioner/wife seeking transfer of M.C.No.580/2016 filed by the respondent/husband pending on the file of the VIth Additional Principal Judge, Family Court, Bangalore and transfer the same to the Court of Senior Civil Judge and JMFC, Tiptur, where Crl.Misc.No.1/2023 is pending and also to direct the Court to dispose of M.C.No.580/2016 and Crl.Misc.No.1/2023 together. 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 16.08.2010. In the wedlock, they were blessed with a daughter on 16.11.2011. In view of the disputes between the parties, the husband had filed M.C.No.580/2016 seeking dissolution of marriage before the VIth Additional Principal Judge, Family - 3 - NC: 2025:KHC:15569 CP No. 77 of 2025 Court, Bangalore. The wife had filed Crl.Misc.No.1/2023 under the D.V. Act seeking maintenance before the Senior Civil Judge and JMFC, Tiptur. 4. Learned counsel appearing for the wife submits that the wife is residing in Tiptur with her 12 year old daughter. It is submitted that she is not self sufficient to maintain herself with the meagre amount she is getting from the employment. It is submitted that the distance between Tiptur and Bangalore is about 150 kilometers and it is difficult for the wife to travel. It is submitted that in Crl.Misc.No.1/2023, learned Judge had granted maintenance and the husband has not paid the same to the wife from the last two years. 5. Learned counsel appearing for the husband submits that M.C.No.580/2016 is of the year 2016 and it was remanded in the year 2019. Right from the year 2019 till now, the wife was contesting the matter and suddenly now, she has come up with the present petition seeking transfer of M.C.No.580/2016 and it cannot be transferred at this point of time. It is submitted that the husband is ready to bear the requisite expenses whenever she attends the Court at Bangalore. - 4 - NC: 2025:KHC:15569 CP No. 77 of 2025 6. Having heard the learned counsels on either side, perused the entire material on record. This Court can understand the difficulties that are put forth before the Court and the distance between the places, but the fact remains is that M.C.No.580/2016 is of the year 2016 and the matter was remanded in the year 2019. From the year 2019 till 2025, no steps are taken by the wife seeking transfer and the Court had spent considerable time on this case, at this point of time, this Court is not inclined to transfer the petition on the reasons that are stated by the wife. Accordingly, this Court is passing the following order: ORDER i. Whenever the petitioner/wife travels from Tiptur to Bangalore, the respondent/husband shall pay the travel expenses. The trial Court shall determine the amount that needs to be paid to the wife. ii. The VIth Additional Principal Judge, Family Court, Bangalore, shall dispose of M.C.No.580/2016 as expeditiously as possible, but not later than six months from the date of receipt of copy of this order. - 5 - NC: 2025:KHC:15569 CP No. 77 of 2025 iii. Accordingly, the Civil Petition is allowed. iv. The husband shall co-operate with the trial. v. All I.As. in this Civil Petition shall stand closed. Sd/- (LALITHA KANNEGANTI) JUDGE MEG List No.: 1 Sl No.: 49