- 1 - NC: 2025:KHC:17687 CP No. 83 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. 83 OF 2025 BETWEEN: SMT. RADHA WIFE OF SRI. MANJU S, AGED ABOUT 40 YEARS, PRESENT ADDRESS: R/A NO.360/9, 2ND FLOOR, NARAYANAPPA BUILDING, BEHIND BESCOM OFFICE, KAGGALIPURA MAIN ROAD, PO KAGGALIPURA, BEHIND BESCOM OFFICE, BANGALORE DISTRICT - 560 082. NO. A 163, OIL MILL ROAD, CHRISTA RAJA WEST, HANUR TOWN - 571 105. …PETITIONER (BY SMT. ANNAPURNA BEVINJE, ADVOCATE) AND: SRI. MANJU S S/O SRI. SHIVANNA, ROAD BEHIND BHARATH GAS OFFICE, HANUR TOWN 571105 …RESPONDENT (BY SRI. H K KENCHEGOWDA, ADVOCATE) THIS CIVIL PETITION IS FILED UNDER SEC.24 OF THE CIVIL PROCEDURE CODE.1908 PRAYING TO TRANSFER MC NO.33/2023 PENDING BEFORE THE HON'BLE SENIOR CIVIL JUDGE AND JMFC, KOLLEGALA TO THE FILE OF THE HON'BLE PRINCIPAL FAMILY COURT, BANGALORE FOR THE ADJUDICATION OF THE MATTER IN ACCORDANCE WITH LAW, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17687 CP No. 83 of 2025 CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER The present petition is filed by the petitioner/wife seeking transfer of M.C.No.33/2023 filed by the respondent/husband pending on the file of the Senior Civil Judge and JMFC at Kollegala to the 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 30.04.2006 at Bangalore and in the wedlock they are blessed with a son, who is aged about 18 years. In view of the differences between the parties, the husband had filed M.C.No.33/2023 on the file of the Senior Civil Judge and JMFC at Kollegala seeking decree of divorce. 4. Learned counsel for the petitioner/wife submits that the wife is working as a teacher at Bengaluru and she is suffering from sciatica as such she is not a position to appear - 3 - NC: 2025:KHC:17687 CP No. 83 of 2025 before the Court for evidence. Hence, the matter may be transferred from Kollegala to Bengaluru. 5. Learned counsel for the respondent/husband submits that now, the M.C. is at the stage of further cross examination of PW1. When this application is filed, the matter is coming up for the respondent’s evidence this case is of the year 2023 and the case may not be transferred from Kollegala to Bengaluru. 6. Having heard the learned counsels on either side, perused the material on record. Whenever the application is filed by the wife seeking transfer, the Court will be considering the request of the wife, the convenience and other surrounding circumstances, but when an application is not filed in an appropriate point of time, when the Trial Court had spent substantial time on adjudication of the case and when it is coming up for the examination of RW1, it is not appropriate to transfer the case at this stage. However, considering the submission of the learned counsel for the wife that the wife is suffering from sciatica and not keeping well, this Court deems it appropriate to pass the following: - 4 - NC: 2025:KHC:17687 CP No. 83 of 2025 ORDER i. Accordingly, the civil petition is disposed of by directing the Trial Court to fix the dates for the examination and cross examination of the witness considering the medical condition. ii. All pending I.As., in the civil petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE BN List No.: 2 Sl No.: 12 CT:SK