- 1 - NC: 2025:KHC:13457 CP No. 166 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MARCH, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI CIVIL PETITION NO. 166 OF 2023 BETWEEN: SMT. NAGAVENI G.H, W/O K. MANJUNATHA, D/O HONNEGOWDA, AGED ABOUT 24 YEARS, R/AT GOWDAHALLI VILLAGE, MALAGALU POST, KASABA HOBALI, KANAKAPURA TALUK, RAMANAGARA DISTRICT - 562 117. …PETITIONER (BY SRI. NATARAJ BABA K, ADVOCATE) AND: SRI. K. MANJUNATHA, S/O LATE KARIYAPPA @ TAGADEGOWDA, AGED ABOUT 36 YEARS, R/O NO. 18/13/1, PRABHAKAR BUILDING, 1ST CROSS, DODDABALLAPURA MAIN ROAD, PUTTENAHALLI, YELAHANKA, BENGALURU - 560 064. …RESPONDENT (BY SMT. RENUKA DEVI A.S, ADVOCATE) THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CPC, PRAYING TO WITHDRAW THE M.C. NO. 1133/2023 FROM THE FILE OF THE IV ADDL. PRINCIPAL JUDGE FAMILY COURT, BANGALORE, BANGALORE NORTH, BANGALORE AND TRANSFER THE SAME TO THE COURT OF HONBLE SENIOR CIVIL JUDGE AND JMFC AT KANAKAPURA IN THE ENDS 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:13457 CP No. 166 of 2023 ORAL ORDER The present petition is filed seeking transfer of M.C. No.1133/2023, pending on the file of the IV Additional Principal Judge, Family Court at Bengaluru to the Senior Civil Judge and JMFC at Kanakapura. 2. The facts of the case are that the marriage between the petitioner and the respondent was solemnised on 18.05.2017. It is the case of the petitioner that the respondent has thrown her out of the matrimonial home on 31.05.2022. Then on 11.07.2022, she has filed a petition under Section 9 of the Hindu Marriage Act, 1955 i.e., M.C.No. 62/2022 before the Senior Civil Judge and JMFC at Kanakapura seeking Restitution of Conjugal Rights and also filed an application under 125 of Cr.P.C. in Crl.Misc.No.860/2022 before II Additional Civil Judge and JMFC at Kanakapura. Thereafter, in the year 2023, the husband had filed M.C. No.1133/2023 on the file of the IV Additional Principal Judge Family Court at Bengaluru, seeking divorce. 3. Learned counsel appearing for the petitioner submits that petitioner is residing at Kanakapura and the - 3 - NC: 2025:KHC:13457 CP No. 166 of 2023 distance between Bangalore and Kankapura is about 75 kms. and apart from that, there are two petitions which are instituted even before the M.C. filed by the husband that are M.C., seeking Restitution of Conjugal Rights and the Criminal Miscellaneous case seeking maintenance and the respondent had to appear in those cases and this matter may be withdrawn from the Family Court at Bangalore and the same may be transferred to Kanakapura. 4. When this matter came up on 11.03.2025, learned counsel for petitioner was present and there was no representation on behalf of the respondent and hence, the matter was directed to be listed as 'part heard' on 17.03.2025 and again on 27.03.2025, when the case was listed, there was no representation on behalf of the respondent. The Court had heard the counsel for the petitioner in-part and the matter was directed to be listed today for giving an opportunity to the respondent. Even today also, there is no representation. This transfer petition of the year 2023 and all further proceedings in the M.C. were stayed. Hence, this Court is inclined to proceed on the merits of the matter based on the material available on the record. - 4 - NC: 2025:KHC:13457 CP No. 166 of 2023 5. Having heard the learned counsel for the petitioner, perused the material on record. The wife had instituted the petition under Section 9 of the Hindu Marriage Act, 1955 and also petition under Section 125 of Cr.P.C. in Crl.Misc.No. 860/2022 for maintenance is filed much earlier to this M.C. filed by the husband at Bangalore and also considering the distance between both the places about 75 kms., this Court deems it appropriate to pass the following order. ORDER i) M.C.No.1133/2023, pending on the file of the IV Additional Principal Judge, Family Court at Bengaluru is withdrawn and transferred to the Senior Civil Judge and J.M.F.C. at Kanakapura. ii) The wife shall co-operate with the trial and shall not seek unnecessary adjournments. iii) Accordingly, the petition is allowed. iv) All IAs., in this petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE KA List No.: 1 Sl No.: 1 CT: BHK