- 1 - NC: 2025:KHC:1339 CP No. 243 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA CIVIL PETITION NO. 243 OF 2024 BETWEEN: SMT. NAVYA A. S, W/O.HARISH S.N., AGED ABOUT 32 YEARS, OCC: HOUSEWIFE, R/O.C/O SHANKARA PRASAD, BEHIND KSRTC BUS STAND, ARSIKERE, HASSAN DISTRICT-573 103. …PETITIONER (BY SRI. GURUDHATTA K.,ADVOCATE) AND: SRI. HARISH S. N. S/O. LATE S. C. NAGARAJAPPA, AGED ABOUT 36 YEARS, RESIDENT OF 2ND CROSS ROAD, SHANKARAMUTT ROAD, SOMAIHA LAYOUT, SHIMOGGA TOWN, SHIVAMOGGA -577 201. …RESPONDENT (RESPONDENT SERVED) THIS CIVIL PETITION FILED UNDER SECTION 24 OF CIVIL PROCEDURE CODE 1908, PRAYING TO ISSUE APPROPRIATE DIRECTION FOR TRANSFERRING THE PETITION IN M.C. NO.11/2024 FILED BY THE RESPONDENT AND PENDING ON THE FILE OF THE LEARNED PRL JUDGE, FAMILY COURT, SHIVAMOGGA TO LEARNED SENIOR CIVIL JUDGE AND JMFC ARSIKERE WHERE PETITION FILED BY THE PETITION IN CRL. MISC. NO. 388/2024 IS PENDING FOR TRYING THE Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:1339 CP No. 243 of 2024 ABOVE TWO CASES TOGETHER AND PASSING JUDGMENTS THEREON. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA ORAL ORDER Heard Sri.Gurudhatta.K, learned counsel for the petitioner. Though notice was served upon the respondent, the respondent did not choose to contest. 2. Seeking transfer of M.C.No.11/2024 which is pending before the Court of Principal Judge, Family Court, Shivamogga to the Court of Senior Civil Judge, Arsikere, the present petition is filed. 3. Learned counsel for the petitioner submits that the petitioner is the legally wedded wife of the respondent. Out of their lawful wedlock, they gave birth to a female child and the said child who is aged about 5 years is under the custody of the petitioner. The petitioner is a physically challenged woman and she is suffering from locomotor disability. The respondent filed a petition for restitution of - 3 - NC: 2025:KHC:1339 CP No. 243 of 2024 conjugal rights and the same is numbered as M.C.No.11/2024 and it is pending before the Court of Principal Judge, Family Court, Shivamogga. The petitioner resides at Arsikere town which is at a distance of 120 Kms from Shivamogga. The petitioner being a physically challenged woman, is facing much difficulty in travelling such a long distance. Therefore, transfer of the case as prayed for may by effected. 4. The respondent by failing to contest the matter, did not deny the grounds urged basing on which transfer is sought for. Also the grounds urged appears justifiable. Therefore, this Court is of the view that the transfer as prayed for is required to be effected. 5. Thus, the following: ORDER (i) The Petition is allowed. (ii) The case in M.C.No.11/2024 which is pending before the Court of Principal Judge, Family Court, Shivamogga is - 4 - NC: 2025:KHC:1339 CP No. 243 of 2024 withdrawn and transferred to the Court of Senior Civil Judge, Arsikere. (iii) The Court of Principal Judge, Family Court, Shivamogga is directed to transmit the entire records in M.C.No.11/2024 duly indexed to the Court of Senior Civil Judge, Arsikere within a period of one week from the date of receipt of copy of this order. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE NS CT:TSM List No.: 1 Sl No.: 30