- 1 - HC-KAR NC: 2025:KHC:24861 CP No. 163 of 2025 C/W CP No. 179 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA CIVIL PETITION NO. 163 OF 2025 C/W CIVIL PETITION NO. 179 OF 2025 IN CP No. 163/2025 BETWEEN: MRE EDERA UNA D COSTA W/O. SUNIL JOSEPH D'SOUZA AGED ABOUT 43 YEARS, RESIDING AT DOOR NO.3E-16-1400/105, FERNHILL APARTMENT, KARAVALI LANE, KADRI, MANGALORE …PETITIONER (BY SRI. RAKESH KINI, ADVOCATE) AND: MR SUNIL D SOUZA S/O LATE ANTONY D'SOUZA, AGED ABOUT 49 YEARS, RESIDING AT D'SOUZA VILLA PARADISE, NEAR BRIDGE, SHIRTHADY, MOODUBIDRI, D.K.-574236. …RESPONDENT (BY SRI. AKSHAY ALVA K, ADVOCATE FOR SRI. SACHIN S NAYAK, ADVOCATE) THIS CIVIL PETITION IS FILED UNDER SEC. 24 OF THE CIVIL PROCEDURE CODE. 1908 PRAYING TO ALLOW THE PETITION BY WITHDRAWING THE MC NO.83/2024, PENDING BEFORE THE SENIOR CIVIL JUDGE AND JMFC, MOODABIDRI, D.K., AND SAME MAY BE Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:24861 CP No. 163 of 2025 C/W CP No. 179 of 2025 TRANSFERRED TO PRINCIPAL JUDGE, FAMILY COURT, MANGALURU, D.K., (ANNEXURE - E) AND ETC. IN CP NO. 179/2025 BETWEEN: MRS. EDREA UNA D COSTA W/O. SUNIL JOSEPH D'SOUZA AGED ABOUT 43 YEARS, RESIDING AT DOOR NO.3E-16-1400/105, FERNHILL APARTMENT, KARAVALI LANE, KADRI, MANGALORE-575002. ...PETITIONER (BY SRI. RAKESH KINI, ADVOCATE) AND: MR. SUNIL D SOUZA S/O LATE ANTONY D'SOUZA, AGED ABOUT 49 YEARS, RESIDING AT D'SOUZA VILLA PARADISE, NEAR BRIDGE, SHIRTHADY, MOODUBIDRI, D.K.-574236. ...RESPONDENT (BY SRI. AKSHAY ALVA K, ADVOCATE FOR SRI. SACHIN S NAYAK, ADVOCATE) THIS CIVIL PETITION IS FILED UNDER SEC. 24 OF THE CIVIL PROCEDURE CODE. 1908 PRAYING TO ALLOW THE PETITION BY WITHDRAWING THE MC NO. 26/2025, PENDING BEFORE THE SENIOR CIVIL JUDGE AND JMFC, MOODABIDRI, D.K. AND SAME MAY BE TRANSFERRED TO PRINCIPAL JUDGE, FAMILY COURT, MANGALURU, D.K. (ANNEXURE G) AND ETC. THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE C.M. POONACHA - 3 - HC-KAR NC: 2025:KHC:24861 CP No. 163 of 2025 C/W CP No. 179 of 2025 ORAL ORDER Since the parties in both the petitions are same, they are taken up together for consideration and disposal. 2. CP No.163/2025 is filed by the wife seeking for transfer MC No.83/2024 pending on the file of the Senior Civil Judge and JMFC, Moodabidri, Dakshina Kannada to the Court of the Principal Judge, Family Court, Mangaluru, Dakshina Kannada. CP No.179/2025 is filed by the wife seeking for transfer of MC No.26/2025, which is pending on the file of the Senior Civil Judge and JMFC, Moodabidri to the Court of the Principal Judge, Family Court, Mangaluru, Dakshina Kannada. 3. Heard the submissions of learned counsel Sri Rakesh Kini, for the petitioner/wife and learned counsel Sri Akshay Alva K, for learned counsel Sri Sachin S.Nayak for the respondent/husband. 4. Learned counsel for the respondent submits that the respondent has no objection for grant of the reliefs sought in the above petitions. - 4 - HC-KAR NC: 2025:KHC:24861 CP No. 163 of 2025 C/W CP No. 179 of 2025 5. It is forthcoming that the marriage between the parties was registered on 14.2.2005, which was solemnized on 30.12.2007 and a son is born to the parties from the marriage. The wife has filed MC No.83/2024 under Sections, 10, 37 and 44 of the Divorce Act, 18691 seeking for divorce, which is pending before the Senior Civil Judge and JMFC, Moodabidri. The husband has filed MC No.26/2025 under Section 32 of the Divorce Act seeking for restitution of conjugal rights on the file of the Senior Civil Judge and JMFC, Moodabidri. 6. Although vide CP No.163/2025 the wife has sought for transfer of MC No.83/2024, which is instituted by her, it is the contention of the learned counsel for the petitioner/wife that the son of the parties is studying in a school in Mangaluru and that the wife is residing at Mangaluru. That proceedings have also been initiated by the wife under the provisions of the Protection of Women from Domestic Violence Act, 20052, which are pending before the Courts at Mangaluru. Having regard to the same and having regard to the fact that the respondent/husband has no objection for transfer of MC 1 Hereinafter referred to as ‘Divorce Act’ 2 Hereinafter referred to as ‘DV Act’ - 5 - HC-KAR NC: 2025:KHC:24861 CP No. 163 of 2025 C/W CP No. 179 of 2025 No.83/2024 as sought for by the wife, it is just and proper that the relief sought for in the said petition be granted. 7. With regard to CP No.179/2025, wherein transfer of MC No.26/2025 instituted by the husband is sought, since the respondent/husband has no objection for transfer as sought for in the said petition, it is just and proper that the relief sought for in the said petition be granted. 8. Hence, the following: ORDER i. The above petitions are allowed; ii. MC No.83/2024 and 26/2025 pending on the file of the Senior Civil Judge and JMFC, Moodabidri, shall stand transferred to the Court of the Principal Judge, Family Court, Mangaluru; iii. Both the parties shall appear before the Principal Judge, Family Court, Mangaluru, on 28.7.2025 without the requirement of any further notice being issued in this regard; - 6 - HC-KAR NC: 2025:KHC:24861 CP No. 163 of 2025 C/W CP No. 179 of 2025 iv. It shall be open to the Principal Judge, Family Court, Mangaluru, to assign the transferred cases to an appropriate Court; v. The transferee Court shall conduct further proceedings in accordance with law; vi. All contentions of both the parties are kept open; Sd/- (C.M. POONACHA) JUDGE ND List No.: 1 Sl No.: 42