- 1 - NC: 2025:KHC:10324 CP No. 176 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF MARCH, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI CIVIL PETITION NO. 176 OF 2024 BETWEEN: SMT. SHOBHA V, W/O SANDEEP CHALAPATHY, AGED ABOUT 31 YEARS, R/AT DOOR NO. 31, REFQUE QUARTERS, OORGAUM, K.G.F - 563 120. …PETITIONER (BY SRI. SUJAYEENDRA SRIDHAR, ADVOCATE) AND: SRI. SANDEEP CHALAPATHY, S/O CHALAPATHY RAMAIAH, AGED ABOUT 31 YEARS, 110 PWD QUARTERS, SULTANPALYA, OPP TO D MART, BANGALORE NORTH, R T NAGAR, BANGALORE - 560 032. …RESPONDENT (VIDE ORDER DATED 24.02.2025, SERVICE OF NOTICE TO RESPONDENT IS HELD SUFFICIENT) THIS CIVIL PETITION IS FILED UNDER SEC.24 OF CPC, PRAYING TO (A) WITHDRAW THE CASE IN M.C.NO.7507/2022 FILED BY THE PETITIONER AGAINST THE RESPONDENT UNDER SECTION 9 OF HINDU MARRIAGE ACT, 1955, FROM THE FILE OF HONBLE IV ADDITIONAL PRL.JUDGE FAMILY COURT BENGALURU. Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:10324 CP No. 176 of 2024 THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER The husband has filed M.C.No.2868/2020 seeking for divorce and the wife has filed M.C. No.7507/2022 seeking Restitution of Conjugal Rights. Earlier, the wife had filed C.P. No.218/2023 seeking transfer of both the cases to K.G.F. stating that now she is residing with her parents at K.G.F. along with her minor son who is aged about 3 years. Earlier, the Court held that two transfers cannot be granted by way of one petition. The Court had transferred the divorce petition i.e., pending in Bengaluru to K.G.F. Now the present petition is filed seeking to withdraw M.C.No.7507/2022 filed by the wife seeking Restitution of Conjugal Rights on the file of the IV Additional Principal Judge, Family Court, Bengaluru to K.G.F. Notice was held sufficient to the respondent by order dated 24.02.2015. 2. Considering the fact that already divorce petition is transferred and the wife is staying in KGF along with her minor - 3 - NC: 2025:KHC:10324 CP No. 176 of 2024 son, this Court deems it appropriate to allow this petition. Accordingly, this Court is passing the following: ORDER (i) M.C.No.7507/2022, pending on the file of the IV Additional Principal Judge, Family Court at Bengaluru is withdrawn and transferred to the Principal Senior Civil Judge and J.M..FC. at K.G.F. (ii) The wife shall cooperate with the trial and shall not seek unnecessary adjournments. (iii) Accordingly, the petition is allowed. (iii) All IAs., in this petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE KA List No.: 2 Sl No.: 10 CT: BHK