- 1 - NC: 2025:KHC:6265 CP No. 251 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA CIVIL PETITION NO. 251 OF 2024 BETWEEN: SMT. M. S. SHRUTHI, W/O SOMASHEKARAIAH, AGED ABOUT 33 YEARS, R/O. 3RD CROSS, GURUPURA, SHIVAMOGGA - 577 201. …PETITIONER (BY SRI. K. V. SATEESHCHANDRA, ADVOCATE) AND: SRI. M. H. SOMASHEKARAIAH, S/O. HALAYYA M. G., AGED ABOUT 42 YEARS, R/O KANIVEBILACHI VILLAGE, CHANNAGIRI TALUK, DAVANAGERE - 577 213. …RESPONDENT (BY SRI. H. DEVENDRAPPA, ADVOCATE) THIS CIVIL PETITION FILED UNDER SECTION 24 OF CPC 1908, PRAYING TO PASS AN ORDER OF TRANSFER M.C. NO. 10/2024, ON THE FILE OF THE COURT OF THE PRINCIPAL SENIOR CIVIL JUDGE AND J.M.F.C. AT CHANNAGIRI TO PRINCIPAL JUDGE, FAMILY COURT AT SHIVAMOGGA, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR PART-HEARD (ADMISSION), THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:6265 CP No. 251 of 2024 ORAL ORDER Heard Sri.K.V.Sateeshchandra learned counsel for the petitioner. The matter was heard on petitioner's side even on 06.01.2025. Learned counsel for the respondent sought time on that day to make his submission. Accordingly, time was granted. However, there is no representation on the side of the respondent on this day. 2. This petition is filed seeking the Court to transfer MC No.10/2024 from the Court of Senior Civil Judge, Channagiri to the Court of Principal Judge, Family Court, Shivamogga. 3. Learned counsel for the petitioner submits that the petitioner is the legally wedded wife of the respondent. Due to differences that arose between them, they are residing separately. The respondent filed a petition seeking decree of divorce vide MC No.10/2024 before the Court of Senior Civil Judge, Channagiri. However, the petitioner, who is suffering from different health ailments, is not in a position to take up travel from Shivamogga to Channagiri to attend the Court on each and every date of adjournment. Learned counsel also - 3 - NC: 2025:KHC:6265 CP No. 251 of 2024 states that the petitioner has no source of income and even the respondent has not paid any maintenance to her till now. Learned counsel thereby seeks to effect transfer as prayed for. 4. At this stage of dictating the judgment, Sri.Pawan Kumar representing Sri.Devendrappa learned counsel on record for the respondent appears and submits that the matter is likely to be settled. As major part of the order is already dictated, the matter cannot be adjourned. Also, in case there is any likelihood of settlement, the same can be effected before the Court concerned. 5. Having considered the grounds urged which appears justifiable, this Court is of the view that transfer as requested is required to be effected. Thus, the following: ORDER (i) The petition is allowed. (ii) M.C.No.10/2024 which is pending before the Court of Senior Civil Judge, Channagiri is withdrawn and is transferred to the Court of Principal Judge, Family Court, Shivamogga. - 4 - NC: 2025:KHC:6265 CP No. 251 of 2024 (iii) The Court of Senior Civil Judge, Channagiri is directed to transmit the entire record in MC No.10/2024 duly indexed to the Court of Principal Judge, Family Court, Shivamogga within one week from the date of receipt of copy of this order. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE DS CT:TSM List No.: 1 Sl No.: 36