- 1 - NC: 2025:KHC:15651 CP No. 89 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF APRIL, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI CIVIL PETITION NO. 89 OF 2025 BETWEEN: SMT.LAKSHMI WO ASHOK GANJIHAL, AGED ABOUT 37 YEARS, R/AT NO. 670/41/3, 1ST MAIN ROAD, 9TH CROSS ROAD, BHAGATH SINGH NAGAR, DAVANAGERE TQ. AND DIST DAVANAGERE-677 001 …PETITIONER (BY SRI. CHANDRASHEKAR P PATIL, ADVOCATE) AND: ASHOK S/O SIDRAMAPPA GANJIHAL, AGED ABOUT 43 YEARS, OCCUPATION COOLIE, R/AT SECTOR NO. 20, FLAT NO. 65-B, NAVANAGAR, BAGALKOTE-587 101 …RESPONDENT (RESPONDENT SERVED) THIS CP FILED UNDER SECTION 24 OF CPC, PRAYING TO TRANSFER M.C.NO.145/2024, PENDING ON THE FILE OF THE PRINCIPAL JUDGE, FAMILY COURT, BAGALKOTE TO THE FAMILY COURT AT DAVANAGERE 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 Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:15651 CP No. 89 of 2025 ORAL ORDER The present petition is filed by the petitioner/wife seeking transfer of M.C.No.145/2024 filed by the respondent/husband pending on the file of the Principal Judge, Family Court, Bagalakot to the file of the Family Court, Davanagere. 2. The facts of the case are that the marriage between the petitioner and the respondent was solemnized on 22.02.2007 at Bagalakot and out of the wedlock they are blessed with female child on 09.09.2012. On 24.04.2024 Crl. Misc No.173/2024 was filed by the petitioner and her minor daughter seeking maintenance, before the Family Court, Davanagere. Thereafter on 04.11.2024 the respondent/husband had filed a petition for restitution of conjugal rights i.e., M.C. No. 145/2024. It is the case of the wife that she has to take care of the minor daughter who is aged about 12 years and it is difficult for her to travel 267 kilometers and as such sought for the transfer of the pending M.C from Bagalkot to Davanagere. 3. Though notice is served on the respondent, no Vakalath is filed on behalf of the respondent/husband. - 3 - NC: 2025:KHC:15651 CP No. 89 of 2025 4. Learned counsel appearing for the petitioner/wife submits that wife is staying in Davanagere and the distance between both the places is about 267 kilometers and it is difficult for the wife to travel from Bagalkot to Davanagere on each date of hearing. 5. Considering the fact that the wife is residing at Davanagere and she has to take care of her child and it is difficult for her to travel from Davanagere to Bagalkot on every date of hearing, this Court deems it appropriate to pass the following: ORDER i. M.C.No. 145/2024 pending on the file of the Principal Judge, Family Court, Bagalkot is withdrawn and transferred to the file of Family Court, Davanagere. ii. The petitioner/wife shall co-operate with the trial and shall not seek unnecessary adjournments. iii. Accordingly, the Civil Petition is Allowed. - 4 - NC: 2025:KHC:15651 CP No. 89 of 2025 iv. All pending I.As., in the civil petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE TS List No.: 2 Sl No.: 35