- 1 - NC: 2025:KHC:5983 CP No. 295 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA CIVIL PETITION NO. 295 OF 2024 BETWEEN: SMT PUSHPALATHA, WIFE OF L. MADHUSUDHAN, AGED ABOUT 26 YEARS, KODLAHALLI VILLAGE, KORATAGERE TALUK, TUMAKURU DISTRICT - 572 121. …PETITIONER (BY SRI. BYREGOWDA N., ADVOCATE) AND: SRI. L. MADHUSUDHAN, SON OF LEPAKSHI, AGED ABOUT 35 YEARS, "KRUTHIKANILAYA", RAMANA BUILDING, BEHIND J. P. HOSPITAL, MUTHAIAH LAYOUT, NELAMANGALA TOWN, BENGALURU - 562 123. …RESPONDENT (BY SRI. ROHITH B. J., ADVOCATE) THIS CIVIL PETITION FILED UNDER SECTION 24 OF CPC 1908, PRAYING TO WITHDRAW MC NO.114 OF 2022 PENDING ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, NELAMANGALA TALUK, BENGLAURU RURAL DISTRICT AND TRANSFER THE SAME TO THE COURT OF THE PRINCIPAL SENIOR CIVIL JUDGE AND JMFC, AT MADHAUGIRI, TO THE PETITIONER MC NO.96 OF 2023, FOR RESTITUTION OF Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:5983 CP No. 295 of 2024 CONJUGAL RIGHTS SAME WAS PENDING FOR DISPOSAL IN ACCORDANCE WITH LAW. 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.Kushal Gowda learned counsel who represents Sri.Byre Gowda.N learned counsel on record for the petitioner. Also heard Sri.H.S.Shankar who represents Sri.Rohith.B.J. learned counsel on record for the respondent. 2. This petition is filed seeking the Court to transfer MC No.114/2022 which is pending before the Court of Senior Civil Judge, Nelamangala to the Court of Principal Senior Civil Judge, Madhugiri. 3. Learned counsel for the petitioner submits that the petitioner is the legally wedded wife of the respondent. The petitioner filed a petition for restitution of conjugal rights vide MC No.96/2023 and the same is pending before the Court of Principal Senior Civil Judge, Madhugiri. The respondent filed MC No.114/2022 which is pending before the Court of Senior Civil Judge, Nelamangala seeking a decree of divorce. The - 3 - NC: 2025:KHC:5983 CP No. 295 of 2024 petitioner does not possess financial capability or capacity to travel from her place to Nelamangala and attend Court on each and every date of adjournment. Therefore, she moved the present petition seeking transfer. 4. On the other hand, the submission that is made by learned counsel for the respondent is that the respondent filed a petition seeking decree of divorce and after filing of the said petition, the petitioner filed the petition seeking restitution of conjugal rights. Learned counsel also states that the respondent is being threatened by the petitioner and therefore, the case should not be transferred. 5. There is no material available on record to show that the respondent at any time gave any complaint to any of the authorities regarding the alleged threatening by the petitioner. Equally, there is no material available on record to show that the respondent till now provided any maintenance to the petitioner. The submission that is made by learned counsel for the petitioner is that the petitioner does not possess the financial capability to take up travel and attend the Court. Having considered these facts, this Court is of the view that - 4 - NC: 2025:KHC:5983 CP No. 295 of 2024 transfer as prayed for is required to be effected. Thus, the following: ORDER (i) The petition is allowed. (ii) MC No.114/2022 which is pending before the Court of Senior Civil Judge, Nelamangala is withdrawn and is transferred to the Court of Principal Senior Civil Judge, Madhugiri. (iii) The Court of Senior Civil Judge, Nelamangala is directed to transmit the entire record in MC No.114/2022 duly indexed to the Court of Principal Senior Civil Judge, Madhugiri within one week from the date of receipt of copy of this order. (iv) Parties to the proceedings are directed to make their appearance before the Court of Principal Senior Civil Judge, Madhugiri on 18.03.2025. (v) Issuance of further notice is not required. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE DS CT:TSM List No.: 1 Sl No.: 41