- 1 - HC-KAR NC: 2025:KHC:23579 WP No. 16633 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JULY, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 16633 OF 2025 (GM-FC) BETWEEN: SATHYANARAYANA MANOHAR S/O LATE SATHYANARAYANA H., AGED ABOUT 40 YEARS, RESIDING AT NO. 189, GROUND FLOOR, 6TH MAIN, 2ND BLOCK, R.T. NAGARA, BENGALURU - 560 032 …PETITIONER (BY SRI. S.V.PRAKASH, ADVOCATE) AND: SMT. SUMAN S., W/O SATHYANARAYANA MANOHAR, D/O R.SHANKAR, AGED BOUT 36 YEARS, RESIDING AT NO.1588, 2ND CROSS, M.G.ROAD, TUMAKURU - 572 101 …RESPONDENT THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 14.03.2025 PASSED BY THE LEARNED PRINCIPAL JUDGE, FAMILY COURT TUMAKURU IN MCN 143/2022 PRODUCED AS ANNEXURE -Q TO THE WRIT PETITION AND THEREBY TRANSFERING THE SAID CASE FOR DISPOSAL TO THE FILE OF LEARNED 1ST ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT IN ORDER TO DECIDE THE SAME ALONG WITH THE PETITION IN MC. NO. 106/2024. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:23579 WP No. 16633 of 2025 CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER The present writ petition is filed seeking the following prayer: a) Issue a writ in the nature of certiorari and quash the order dated 14.03.2025 passed by the Learned Principal Judge, Family Court, Tumakuru in M.C.N.143/2022 produced as ANNEXURE-Q to the writ petition and thereby transferring the said case for disposal to the file of Learned 1 Additional Principal Judge, Family Court in order to decide the same along with the petition in M.C.No.106/2024. b) Issue any other appropriate writ or order or direction, directing the Learned Principal Judge, Family Court, Tumakuru to pass an order withdrawing the petition filed by the respondent herein against the petitioner in M.C.No.106/2024 pending on the file of the Learned 1" Additional Principal Judge, Family Court to the file of Learned Principal Judge, Family Court, Tumakuru in order to dispose off the M.C.no.143/2022 Crl. Misc. No.79/2020. and the same along filed petition with in c) Issue any other appropriate writ or order as the Hon'ble Court deems it appropriate in the facts and circumstances of the case to secure the ends of justice d) Award the cost of this proceeding. The memo is filed on 22.02.2025 by the respondent to made over all the cases to I Addl. Prl. Judge, Family Court, Tumakuru as the respondent has filed MC No.106/2024 against the petitioner seeking divorce and the said case is pending on - 3 - HC-KAR NC: 2025:KHC:23579 WP No. 16633 of 2025 the file of the said court and to decide both the cases together. To that the objections are filed stating that memo is not maintainable and the respondent is aware of the pending Crl.Misc.No.79/2020 on the file of the Prl. Judge, Family Court, Tumakuru and could have filed a memo to made over the said MC. 2. In fact the petitioner herein has already filed a memo before the I Addl. Prl. Judge, Family Court, Tumakuru to transfer the said MC.No.143/2022 to the Prl. Judge, Family Court, Tumakuru and the same was rejected on the ground that the I Addl. Prl. Judge, Family Court, Tumakuru has no power to pass such an order. The Principle court by order impugned has allowed the memo by exercising the powers under Section 4(2)(c) of the Family Courts Act, the matter is re-allocated to the I Addl. Prl. Judge, Family Court, Tumakuru to be disposed of along with MC No.106/2024 and both the parties were directed to appear before the court on 22.03.2025. 3. Learned counsel appearing for the petitioner submits that the first case is instituted by the petitioner i.e., - 4 - HC-KAR NC: 2025:KHC:23579 WP No. 16633 of 2025 Crl.Misc.No.79/2020 before the Prl. Judge, Family Court, Tumakuru. Later the respondent has filed the MC before the I Addl. Prl. Judge, Family Court, Tumakuru and the petition that is filed by the petitioner is at the fag end of the trial. At this point of time, transferring this case to the I Addl. Prl. Judge, Family Court, Tumakuru is not appropriate. As well, the Prl. Judge, Family Court, Tumakuru ought to have transferred the case that is pending before the I Addl. Prl. Judge, Family Court, Tumakuru to the Prl. Judge, Family Court, Tumakuru. 4. When this matter came up on 01.07.2025, this court had directed the registry to place before the court the pendency of the I Addl. Prl. Judge, Family Court, Tumakuru and the Prl. Judge, Family Court, Tumakuru. Looking at the pendency, the I Addl. Prl. Judge, Family Court, Tumakuru has less pendency compared to the principal court. The main petition MC.No.143/2022 is pending before the I Addl. Prl. Judge, Family Court, Tumakuru and the Prl. Judge, Family Court, Tumakuru for the convenience sake and looking at the matters that are pending has taken a decision to transfer the case from the Prl. Judge, Family Court, Tumakuru family court - 5 - HC-KAR NC: 2025:KHC:23579 WP No. 16633 of 2025 to the I Addl. Prl. Judge, Family Court, Tumakuru. This court do not find any reason to interfere with that order. If the matter is at the fag end, that will be carried forward by the I Addl. Prl. Judge, Family Court, Tumakuru from that stage and that would not make any difference and no prejudice would be caused to the petitioner. 5. In the light of the above discussion, this court is passing the following: ORDER i. Accordingly, the writ petition is dismissed. ii. All pending I.As., in the writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE TS List No.: 1 Sl No.: 18