- 1 - NC: 2025:KHC:13450 CP No. 275 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MARCH, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI CIVIL PETITION NO. 275 OF 2022 BETWEEN: SMT. MOHINI, W/O. DINESH. K, AGED ABOUT 34 YEARS, R/AT. GOLIBERU VILLAGE, BYNDOOR TALUK, UDUPI DISTRICT-576 214. …PETITIONER (BY SRI. BHARATH POOJARY, ADVOCATE FOR SRI. K. PRASANNA SHETTY, ADVOCATE) AND: SRI. DINESH .K, S/O. KEVAL CHAND, AGED ABOUT 38 YEARS, R/AT.NO.149, II FLOOR, M.S. RAMAIAH NORTH CITY, THANISANDRA, BENGALURU-560 077. …RESPONDENT THE CIVIL PETITION IS FILED UNDER SEC.24 OF CPC, PRAYING TO PASS AN ORDER TO TRANSFER THE PROCEEDINGS INITIATED BY THE RESPONDENT/HUSBAND IN M.C.NO.1532/2021 ON THE FILE OF V ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT AT BENGALURU TO THE COURT OF SENIOR CIVIL JUDGE, KUNDAPURA AND ETC. THIS PETITION, COMING ON FOR DISMISSAL, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:13450 CP No. 275 of 2022 ORAL ORDER The present petition is filed by the petitioner/wife seeking transfer of M.C.No.1532/2021 filed by the husband pending on the file of the V Addl. Principal Judge, Family Court at Bengaluru to the Court of Senior Civil Judge, Kundapura. 2. The parties are referred to as husband and wife for the sake of convenience. 3. The facts of the case are that the marriage between the petitioner and the respondent was solemnized on 28.07.2009 before the office of the Sub-Registrar, Banaswadi, Bangalore and out of the wedlock they are blessed with a male child on 29.03.2009. The disputes arose between the parties and the petitioner had filed a complaint against the respondent on 29.02.2020 under section 498A, 323, 324, 504, 506 r/w 34 of IPC, which is registered as crime No.49/2020 and she had also filed Crl.Misc.No.15/2021 under section 125(1) of Cr.P.C before the Principal Civil Judge and JMFC, Kundapura seeking maintenance. On 09.03.2021, the husband had filed a petition seeking divorce on the file of the Principal Judge, Family Court at Bangalore. - 3 - NC: 2025:KHC:13450 CP No. 275 of 2022 4. Learned counsel for the petitioner/wife submits that after dispute between the parties, the petitioner/wife is staying along with her parents at Kundapura which is about 450 kms. from Bangalore and it is difficult for her to travel all the way from Kundapura to Bangalore on every dates of hearing. 5. As per the postal Shara, the notice returned as unclaimed. This Court has held that the notice to respondent is sufficient. 6. Having heard the learned counsel for the petitioner, perused the material on record. Considering the fact that already Crl.Misc.No.15/2021 is pending on the file of Principal Civil Judge and JMFC, Kundapura and Considering the fact that the distance between Kundapura and Bangalore is about 450 kilometers and the inconvenience that is being caused to the wife, this Court is inclined to pass the following order: ORDER i. The M.C.No.1532/2021 filed by the respondent/husband pending on the file of the V Addl. Principal Judge, Family Court, Bengaluru is withdrawn and the same is transferred to the Court of Senior Civil Judge, Kundapura. - 4 - NC: 2025:KHC:13450 CP No. 275 of 2022 ii. The wife shall co-operate with the trial and shall not seek unnecessary adjournments. iii. Accordingly, the Civil Petition is allowed iv. All I.As., in this Civil Petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE BN List No.: 2 Sl No.: 1