- 1 - NC: 2025:KHC:8099 CP No. 193 of 2024 C/W CP No. 276 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA CIVIL PETITION NO. 193 OF 2024 C/W CIVIL PETITION NO. 276 OF 2024 IN CP No. 193 OF 2024: BETWEEN: MR. KOWSHIK B. R., S/O. K. P. RENU, AGED ABOUT 36 YEARS, R/O NO.17, BAGE POST, SAKALESHPURA-573 214. HASSAN DISTRICT. …PETITIONER (BY SMT. MEGHASHREE K. S.,ADVOCATE) AND: SMT. SEEMA G. S., W/O. KOWSHIK B. R. D/O. LATE G. R. SHIVAPPA, AGED ABOUT 32 YEARS, RECENT ADDRESS EDEN BLOCK, 10TH FLOOR, BRIGADE CORNER STONE UTOPIA, SH 35, VARTHUR GUNJUR MAIN ROAD, VARTHUR ROAD, BENGALURU-560 087. TEMPORARY ADDRESS R/O NO.73, 1ST FLOOR, "HEEMAADRI", 5TH CROSS, SRI KRISHNA GARDEN LAYOUT, RAJARAJESHWARI NAGAR, Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8099 CP No. 193 of 2024 C/W CP No. 276 of 2024 BENGALURU-560 038. PERMANENT ADDRESS NO.799/5, 2ND MAIN, 6TH CROSS, SHIVAKUMAR LAYOUT, DAVANAGERE-577 005. EMAIL ID SEEMAGS17@GMAIL.COM MOBILE NO.8892531616. …RESPONDENT (BY SMT. MELANIE SEBASTIAN, ADVOCATE) THIS CIVIL PETITION FILED UNDER SEC.24(1) OF THE CPC, 1908 PRAYING TO PASS AND ORDER FOR THE TRANSFER OF M.C. NO. 7854/2023 PENDING BEFORE HONBLE PRINCIPAL JUDGE, FAMILY COURT, BENGALURU TO HONBLE PRINCIPAL SENIOR CIVIL JUDGE, AT SAKALESHPURA OR ANY OTHER COMPETENT COURT AT SAKALESHPURA. IN CP NO. 276 OF 2024: BETWEEN: SMT. SEEMA. G. S. WIFE OF KOWSHIK, AGED ABOUT 32 YEARS, RESIDING AT: NO.73, HIMADRI, 1ST FLOOR, 5TH CROSS, KRISHNA GARDEN LAYOUT, R. R. NAGAR, BENGALURU -560 098. ...PETITIONER (BY SMT. MELANIE SEBASTIAN, ADVOCATE) AND: SRI. KOWSHIK. B. R. S/O. M. P. RENU, AGED ABOUT 36 YEARS PRESENTLY RESIDING AT: NO. 17, - 3 - NC: 2025:KHC:8099 CP No. 193 of 2024 C/W CP No. 276 of 2024 BAGE POST, SAKLESHPUR TALUK, HASSAN - 573 214. ...RESPONDENT (BY SMT. MEGHASHREE K.S., ADVOCATE FOR SRI. K.A. SHANTHAPPA, ADVOCATE) THIS CIVIL PETITION FILED UNDER SECTION 24 OF CPC PRAYING TO DIRECTING TO TRANSFER THE CASE FILED BY THE RESPONDENT IN M.C. NO.59/2023 BEFORE THE SENIOR CIVIL JUDGE AND JMFC, SAKLESHPUR, HASSAN DISTRICT, TO THE FAMILY COURT AT BENGALURU. THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA ORAL COMMON ORDER Heard Smt.Meghashree.K.S who represents the petitioner in CP No.193/2024 and the respondent in CP No.276/2024. Also heard Sri.Adarsh who represents Sri.Melanie Sebastian who is on record for the petitioner in CP No.276/2024 and who is also appearing for the respondent in CP No.193/2024. - 4 - NC: 2025:KHC:8099 CP No. 193 of 2024 C/W CP No. 276 of 2024 2. For the sake of convenience of discussion, the parties to the proceedings in these two petitions will be herein after be referred to as husband and wife. 3. The husband filed a petition for restitution of conjugal rights i.e., M.C.No.59/2023 and the same is pending before the Court of Senior Civil Judge, Sakaleshpura. The wife seeks this Court to transfer the said case from Sakaleshpura to the Family Court, Bengaluru. 4. The wife filed a petition i.e., M.C.No.7854/2023 seeking a decree of dissolution of marriage. The said case is pending before the Court of Principal Judge, Family Court, Bengaluru. Husband seeks this Court to transfer the said case from Bengaluru to the Court of Senior Civil Judge, Sakaleshpura. 5. Learned counsel who is representing the husband submits that her client is suffering from different health issues including neurological problems. Learned counsel also states that his father is suffering from Asthma - 5 - NC: 2025:KHC:8099 CP No. 193 of 2024 C/W CP No. 276 of 2024 and therefore, her client is under obligation to take his father to the hospital as and when required. Therefore, he is unable to travel from Sakaleshpura to Bengaluru to attend the Court in the case which was filed by his wife seeking a decree of dissolution of marriage i.e., M.C.No.7854/2023. Therefore, the said case has to be transferred from Bengaluru to Sakaleshpura. 6. The submission that is made by the learned counsel who is representing the wife is that the wife is a working woman. Both husband and wife were residing at Bengaluru and were working. However, after the disputes that arouse between them, the husband started residing at Sakaleshpura. Learned counsel also states that the wife is unable to travel from Bengaluru to Sakaleshpura to attend the Court in the case which is filed by the husband for restitution of conjugal rights i.e., in M.C.No.59/2023 and therefore, she filed a petition seeking to transfer the said case to Bengaluru. Learned counsel also submits that leave will not be sanctioned to her and therefore, in case - 6 - NC: 2025:KHC:8099 CP No. 193 of 2024 C/W CP No. 276 of 2024 she takes up frequent leave for attending the Court she will lose the job. 7. Though the learned counsel who is representing the husband i.e., Smt.Meghashree.K.S placed much reliance upon the medical record filed, the said medical record does not disclose any grave illness on the part of the husband. Except the complaint of pain in lower back, no other ailment is found in the said medical record. 8. Undoubtedly, the spouses were living and were working at Bengaluru. The ground urged and projected by the wife seeking transfer of the case appears justifiable. Admittedly, the petition filed for restitution of conjugal rights and the petition filed for grant of decree of divorce are pending before two different Courts. This Court is of the view that for just disposal of both the matters, it would be desirable that both the cases be dealt with by the same Court. 9. Having considered the fact that a working woman will face much difficulty in attending the Court at a - 7 - NC: 2025:KHC:8099 CP No. 193 of 2024 C/W CP No. 276 of 2024 distant place, this Court is of the view that the request made by the wife for transfer of the petition filed by the husband for restitution of conjugal rights i.e., M.C.No.59/2023 requires to be considered. Therefore, both the petitions are disposed of with the following: ORDER (i) C.P.No.193/2024 stands dismissed. (ii) C.P.No.276/2024 is allowed. (iii) M.C.No.59/2023 which is pending before the Court of Senior Civil Judge, Sakaleshpura is withdrawn and is transferred to the Court of Principal Judge, Family Court, Bengaluru. (iv) The Court of Senior Civil Judge, Sakaleshpura is directed to transmit the entire record in M.C.No.59/2023 duly indexed to the Court of Principal Judge, Family Court, Bengaluru within a period of one week from the date of receipt of copy of this order. (v) Parties to the proceedings are directed to appear before the Court of Principal Judge, - 8 - NC: 2025:KHC:8099 CP No. 193 of 2024 C/W CP No. 276 of 2024 Family Court, Bengaluru in M.C.No.59/2023 on 21.03.2025. (vi) Issuance of further notice to the parties is not required. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE NS CT:TSM List No.: 1 Sl No.: 33