- 1 - NC: 2025:KHC:17406 CP No. 125 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF APRIL, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI CIVIL PETITION NO. 125 OF 2025 BETWEEN: SMT. NAYANA W/O R. SANTHOSH, AGED ABOUT 35 YEARS, C/O GANAPATI RAMAN SHET, R/AT JADE, HOBLI JADE, TALUK SORABA, DISTRICT SHIMOGGA, PIN CODE - 577 419. …PETITIONER (BY SRI. CHANDRASHEKAR P PATIL, ADVOCATE) AND: R. SANTHOSH S/O LATE RAMACHANDRA SHET, AGED ABOUT 45 YEARS, R/AT "SAMRUDDI" 3RD CROSS, ANJENEYA LAYOUT, DAVANAGERE PIN CODE - 677 001. …RESPONDENT (BY SRI. H.N.HIMANTHRAJ, ADVOCATE) THIS CIVIL PETITION IS FILED UNDER SEC.24 OF THE CIVIL PROCEDURE CODE. 1908., PRAYING TO TRANSFER M.C.NO.212/2024, PENDING ON THE FILE OF JUDGE, FAMILY COURT, DAVANAGERE TO THE CIVIL JUDGE (SR. DVN.) AT SORABA 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:17406 CP No. 125 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.212/2024 filed by the respondent/husband pending on the file of the Judge, Family Court, Davanagere to the Civil Judge (Senior Division) at Soraba. 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 28.01.2017 at Sirsi. In view of the differences between the parties, the parties started residing separately. On 17.06.2019, the petitioner/wife has filed Crl.Misc.No.83/2019 seeking maintenance before the Court at Soraba. Thereafter, on 18.12.2021 a compromise decree was passed in Crl.Mis.No.83/2019 on the undertaking given by the husband that he will lead marital life with the wife. Contrary to the terms of the compromise, the respondent had not complied the order passed by the Trial Court, then later on - 3 - NC: 2025:KHC:17406 CP No. 125 of 2025 14.07.2023, Crl.Misc.No.187/2023 was filed by the petitioner/wife on the file of the Civil Judge and JMFC, Soraba seeking maintenance and an interim maintenance of Rs.7,000/- was granted by the Trial Court. Thereafter, on 29.05.2024, the respondent had filed M.C.No.212/2024 seeking dissolution of marriage on the file of the Family Court, Davanagere. It is submitted that the distance between both the places is 136 kilometers and it is difficult for the wife to travel all the way from Soraba to Davanagere. 4. Learned counsel for the petitioner has taken out hand summons on the learned counsel appearing for the respondent before the Trial Court and filed a memo to that effect. In spite of the same, no vakalath is filed on behalf of the respondent. 5. Having heard the learned counsel for the petitioner, perused the material on record. Considering the fact that already Crl.Misc.No.187/2023 is pending on the file of the Civil Judge and JMFC, Soraba and the distance between Soraba to Davanagere is about 136 kilometers, this Court deems it appropriate to pass the following: - 4 - NC: 2025:KHC:17406 CP No. 125 of 2025 ORDER i. The M.C.No.212/2024 pending on the file of the Judge, Family Court, Davanagere is withdrawn and transferred to the Civil Judge (Senior Division) at Soraba. ii. The petitioner/wife shall co-operate with the trial and shall not seek unnecessary adjournments. iii. Accordingly, the Civil Petition is Allowed. iv. All pending I.As., in the Civil Petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE BN List No.: 2 Sl No.: 24 CT:SK