- 1 - NC: 2025:KHC:15991 CP No. 134 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF APRIL, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI CIVIL PETITION NO. 134 OF 2025 BETWEEN: 1. SMT. SMITHA N.V. DAUGHTER OF VENKATESH N., AGED ABOUT 34 YEARS RESIDING AT PRAMATHI NILAYA BEHIND DAYANANDA PRINT 2ND STAGE, VINOBHA NAGAR SHIVAMOGGA -577 204 2. MR. VENKATESH N., SON OF MR. NARAYANA RAO AGED ABOUT 70 YEARS RESIDING AT PRAMATHI NILAYA BEHIND DAYANANDA PRINT 2ND STAGE, VINOBHA NAGAR SHIVAMOGGA -577 204 3. SMT. SHUBHA N.V. WIFE OF VENKATESH N., AGED ABOUT 56 YEARS RESIDING AT PRAMATHI NILAYA BEHIND DAYANANDA PRINT 2ND STAGE, VINOBHA NAGAR SHIVAMOGGA -577 204 4. SRI. ANJANEYA S @ ANJINAPPA SON OF SHETTY HALLAIH AGED ABOUT 46 YEARS RESIDING AT NO.501, 6TH CROSS NEAR SAVI BAKERY OPPOSITE PARSHWANATHA PARK VINOBANAGARA, SHIVAMOGGA -577 204 …PETITIONERS (BY SMT.DHANUSHRI R., ADVOCATE) AND: SRI SANATH KUMAR K.R. Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:15991 CP No. 134 of 2025 AGED ABOUT 39 YEARS, SON OF SRI RAGHAVENDRA RAO K.R., RESIDING AT NO. 38, 10TH CROSS, 1ST MAIN ROAD, MARUTHI NAGAR, YELHANKA, BENGALURU-560 064 …RESPONDENT (BY SRI. BIMBADHARA H.M., ADVOCATE) THIS CIVIL PETITION FILED UNDER SEC. 24 OF THE CIVIL PROCEDURE CODE, 1908 PRAYING TO TRANSFER THE SUIT OS NO.1020/2022 FILED BY THE RESPONDENT SEEKING COMPENSATION FROM THE PETITIONERS PENDING BEFORE THE HON’BLE 3RD ADDITIONAL SENIOR CIVIL JUDGE, BENGALURU TO SENIOR CIVIL JUDGE AND CHIEF JUDICIAL MAGISTRATE AT SHIVAMOGGA, FOR FURTHER PROCEEDINGS IN ACCORDANCE WITH LAW. 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 seeking transfer of O.S.No.1020/2022 filed by the respondent/husband seeking compensation from the petitioners pending before the 3rd Additional Senior Civil Judge, Bengaluru, to the file of Senior Civil Judge and Chief Judicial Magistrate at Shivamogga. 2. The facts of the case are that the marriage between petitioner No.1 and the respondent was solemnized on 08.04.2012. In view of the disputes between the parties, the respondent had filed M.C.No.3049/2021 seeking dissolution of - 3 - NC: 2025:KHC:15991 CP No. 134 of 2025 marriage. Thereafter, the wife had filed a transfer petition i.e., CP.No.363/2023 before this Court and this Court had allowed the same by withdrawing M.C.No.3049/2021 from the file of the Principal Judge, Family Court, Bengaluru and transferred it to the file of Principal Judge, Family Court at Shivamogga. Petitioner No.1/wife had filed Crl.Misc.No.214/2023 under the Domestic Violence Act, 2005, before the Judicial Magistrate First Class III, Shivamogga and the same is at the stage of evidence. 3. Learned counsel appearing for the petitioners submits that O.S.No.1020/2022 filed by the respondent/husband is arising out of the matrimonial relation between the parties and as the divorce petition is already pending on the file of the Principal Judge, Family Court at Shivamogga, the suit may also be withdrawn from the file of the 3rd Additional Senior Civil Judge, Bengaluru and transferred to the file of the Senior Civil Judge and Chief Judicial Magistrate at Shivamogga. It is submitted that as the allegations in the matrimonial cases will have a bearing on this case, if this matter is not transferred, it would cause a lot of hardship to the petitioners. Learned counsel submits that as per Section 7(d) of the Family Courts - 4 - NC: 2025:KHC:15991 CP No. 134 of 2025 Act, 1984, a Family Court shall have and exercise all the jurisdiction in respect of a suit or proceeding for an order or injunction in circumstance arising out of a marital relationship and if the matter is transferred from the file of the 3rd Additional Senior Civil Judge, Bengaluru, to the file of Senior Civil Judge and Chief Judicial Magistrate at Shivamogga, it would be in the interest of the parties. 4. Learned counsel appearing for the respondent/husband submits that O.S.No.1020/2022 is filed in the year and at present, the suit is coming up for further cross-examination of PW.1. It is submitted that the petitioners have been appearing before the Court and pursuing the matter and suddenly at this stage, they have come up with this petition seeking transfer and on that ground, the case cannot be transferred. 5. Having heard the learned counsels on either side, perused the entire material on record. In respect of the matrimonial proceedings, whenever the transfer petitions are filed, the Courts will always take into consideration the inconvenience that is being caused to the wife and the transfer petitions are accordingly ordered. When a party is seeking - 5 - NC: 2025:KHC:15991 CP No. 134 of 2025 transfer of cases from one Court to the other Court, they should come before the Court at the earliest. Even if it is at a later stage also, basing on the facts and circumstances of the case, the Court would consider the same. In this case, the suit is filed in the year 2022. The M.C. is filed in the year 2021 by the husband before the Principal Judge, Family Court, Bengaluru and the wife had filed a transfer petition and the M.C. was transferred to the file of Principal Judge, Family Court at Shivamogga in the year 2023. When the suit is filed in the year 2022, no reasons are forthcoming with regard to why the petitioners have come up with this transfer petition in the year 2025. It is submitted that it is difficult for the petitioners to travel from Shivamogga to Bengaluru. Here, the judicial time of the Court is very important and they have wasted the judicial time of the Court where the matter is pending and the Court has spent substantial time in this case and at this stage, the case cannot be transferred from the file of the 3rd Additional Senior Civil Judge, Bengaluru, to the file of Senior Civil Judge and Chief Judicial Magistrate at Shivamogga. In that view of the matter, this Court finds no reasons to entertain this petition. ORDER - 6 - NC: 2025:KHC:15991 CP No. 134 of 2025 i. Accordingly, the Civil Petition is dismissed. ii. All I.As. in this Civil Petition shall stand closed. Sd/- (LALITHA KANNEGANTI) JUDGE MEG List No.: 1 Sl No.: 3