- 1 - NC: 2025:KHC:16375 CP No. 138 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF APRIL, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI CIVIL PETITION NO. 138 OF 2025 BETWEEN: [[ SMT.BHAGYA T.C. W/O MAHANTHESH GOWDA AGED ABOUT 41 YEARS WORKING AS A FIRST DIVISION ASSISTANT, OFFICE OF SUB TREASURY TARIKERE TOWN. R/@ PWD QUARTERS BEHIND GOVERNMENT HOSPITAL TARIKERE TOWN, CHIKKAMAGALURU DISTRICT- 577 228 …PETITIONER (BY SRI. GADILINGAPPA G M., ADV.) AND: SRI.MAHANTESH GOWDA S/O AMARAGOWDA AGED ABOUT 38 YEARS OCC. GUEST LECTURER R/AT PWD QUARTERS BASAVANAGUDI MAIN ROAD SHIVAMOGGA TOWN-577 201 …RESPONDENT (BY SMT HEENA S., ADV. FOR CAVEAT RESPONDENT) THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CPC PRAYING TO TRANSFER THE CASE IN MC NO. 27/2025 WHICH IS PENDING BEFORE THE PRINCIPAL JUDGE, FAMILY COURT, AT SHIVAMOGGA, TO THE COURT OF SENIOR CIVIL JUDGE AND JMFC AT TARIKERE, CHIKKAMAGALURU DISTRICT IN THE INTEREST OF JUSTICE AND EQUITY. Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:16375 CP No. 138 of 2025 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 M.C. No.27/2025, pending on the file of the Principal Judge, Family Court, Shivamogga to the Senior Civil Judge and JMFC at Tarikere, Chikkamagaluru District. 2. Learned counsel for the petitioner submits that the wife had initiated Crl.Misc.No.424/2023 pending before the Civil Judge and Additional JMFC at Tarikere, Chikkamagaluru District seeking maintenance and the distance between both the places is about 75 kilometers and it is difficult for her to travel from Chikkamagaluru to Shivamogga on each date of hearing. 3. Learned counsel for the petitioner further submitted that as criminal miscellaneous petition is filed in the year 2023, hence, in this matter there may be - 3 - NC: 2025:KHC:16375 CP No. 138 of 2025 direction to the trial Court to dispose of the matter as expeditiously as possible. 4. Learned counsel appearing for the caveator / respondent submits that the husband had filed a petition for restitution of conjugal rights and the same was dismissed. It is stated that the husband had filed an appeal and the same was also dismissed with liberty to file petition for divorce and after that divorce petition is filed. 5. Coming to the direction for expeditious disposal, considering the fact that the matrimonial case is of the year 2025, this Court is not inclined to pass any such order. 6. Considering the fact that the distance between both the places is 75 kilometers and also the fact that criminal miscellaneous petition is pending at Chikkamagalur District, this Court deems it appropriate to pass the following: - 4 - NC: 2025:KHC:16375 CP No. 138 of 2025 ORDER i. M.C.No.27/2025 filed by the respondent pending on the file of Principal Judge, Family Court at Shivamogga is withdrawn and the same is transferred to the Senior Civil Judge and JMFC at Tarikere, Chikkamagaluru District. ii. Accordingly, the Civil Petition is allowed. iii. All I.As. in this Civil Petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE UN List No.: 1 Sl No.: 31