- 1 - NC: 2025:KHC:9674 CP No. 188 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF MARCH, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI CIVIL PETITION NO. 188 OF 2024 BETWEEN: H.V. TEJASWINI, W/O VIKAS C V, D/O VEERABHADRAIAH H.S, AGED ABOUT 27 YEARS, NO OCCUPATION, R/O SRI. NILAYA NANDIGUDI ROAD, NEAR SHADI MAHAL MALEBENNUR - 577 530, HARIHAR TALUK, DAVANAGERE DISTRICT, PH NO. 83100 71406. …PETITIONER (BY SRI. REVANNA BELLARY, ADVOCATE) AND: SRI. VIKAS C.V, S/O A.R. VIJAY KUMAR, AGED ABOUT 29 YEARS, R/O NEAR RAILWAY GATE, HANUMANTHAPPA JINNING FACTORY, ADARSH NAGAR, CHITRADURGA - 577 502. …RESPONDENT (BY SRI. SREE HARSHA A.K, ADVOCATE) Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:9674 CP No. 188 of 2024 THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CPC, 1908 AS AMENDED 2002, PRAYING A) TO WITHDRAW MC 6/2024 PETITION ON THE FILE OF II ADDL. SR. CIVIL JUDGE AND JMFC COURT, CHITRADURGA AND TRANSFER TO FAMILY JUDGE COURT, DAVANAGERE. 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.6/2024 pending on the file of the II Additional Senior Civil Judge and JMFC Court, Chitradurga to the Family Judge Court, Davanagere. 2. The facts of the case are that the marriage has taken place on 24.11.2021 and on 11.01.2024, in view of the differences between the parties, the husband has filed M.C. No.6/2024 on the file of the II Additional Senior Civil Judge and JMFC, Chitradurga seeking divorce. The wife is residing at Malebennur, Harihar Taluk, Dvanagere District along with her parents. Wife has also filed Matrimonial Case for Restitution of Conjugal Rights in Davanagere and also filed petition under - 3 - NC: 2025:KHC:9674 CP No. 188 of 2024 Section 125 of Cr.P.C. seeking maintenance and also another suit is filed. 3. Learned counsel appearing for the petitioner-wife submits that all the matters are still pending at Davangere and this matter may be transferred to the Court at Davanagere and the distance between the Chitradurga and Davanagere is about 120 kms. and it is difficult for her to travel all the way on each date of hearing. 4. Learned counsel appearing for the respondent- husband submits that the wife had filed a criminal complaint against her husband that is pending before the Courts at Chitradurga. The father-in-law had filed a suit against him i.e., pending and as such, even to attend those cases she has to travel to Chitradurga. Hence, there is no point in transferring this matter to Davanagere. In response to that, learned counsel appearing for the wife submits that in a criminal case, the prosecution will take care and only when necessary, she has to appear, wherein the family matters, she has to pursue and she has to travel frequently and it is stated that there is a threat to her life. - 4 - NC: 2025:KHC:9674 CP No. 188 of 2024 5. Having heard the learned counsel on either side, perused the material on record. There are three cases pending at Davanagere and three cases pending at Chitradurga. The distance between both the places is about 120 kms. As rightly submitted by the learned counsel appearing for the wife that in criminal matters at every time her presence is not required and whenever it is there the prosecution will take care of the case and only when her presence is required, she can appear before the Court but in the matrimonial matters, she has to travel about 120 kms. and it would cause lot of inconvenience to her and she is staying with her parents. In that view of the matter, this Court is inclined to allow the petition. Accordingly, this Court is passing the following: ORDER 1. M.C.No.6/2024, pending on the file of the II Additional Senior Civil Judge and JMFC Court, Chitradurga is withdrawn and transferred to the Family Judge Court, Davanagere. 2. The wife shall cooperate with the trial and shall not seek unnecessary adjournments. - 5 - NC: 2025:KHC:9674 CP No. 188 of 2024 3. Accordingly, the petition is allowed. 4. All IAs., in this petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE KA List No.: 1 Sl No.: 1 CT: BHK