- 1 - NC: 2025:KHC:9886 CP No. 357 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF MARCH, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI CIVIL PETITION NO. 357 OF 2023 BETWEEN: SMT. ASHWINI M.S, W/O SRIKATNA KULAL, AGED ABOUT 27 YEARS, NO.12, 1ST MAIN ROAD, NEAR KHADI LAYOUT, VIVEKANANDANAGAR, BANGALORE - 560 085. …PETITIONER (BY SRI. GURUDHATTA K, ADVOCATE) AND: SRI. SHREEKANTH KULAL, S/O JOGU KULALA, AGED ABOUT 34 YEARS, RESIDENT OF TEHNKABAILU HOSAMENE, Z.P.M.H.P.S AJRIHARA AJRI, KUNDAPURA, UDUPI DISTRICT - 576 283. …RESPONDENT (BY SRI. RAKESH T.S, ADVOCATE FOR SRI. AJITH A. SHETTY, ADVOCATE) THIS CIVIL PETITION IS FILED UNDER SEC.23(2) OF CPC, PRAYING TO I) ISSUE APPROPRIATE DIRECTION FOR TRANSFERRING THE PETITION IN M.C.NO.13/2022 FILED BY THE RESPONDENT AND PENDING ON THE FILE OF THE Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:9886 CP No. 357 of 2023 LEARNED SENIOR CIVIL JUDGE, COURT AT KUNDAPURA IN FAVOR OF LEARNED VI ADDL. PRINCIPAL FAMILY JUDGE, BENGALURU AT WHICH PLACE, THE PETITION FILED BY THE PETITION IN CRL.MISC.NO.55/2022 IS PENDING FOR TRYING THE ABOVE TWO CASES AT ONE PLACE AND FOR PASSING JUDGMENTS THERE IN. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER The present petition is filed seeking transfer of M.C. No.13/2022, pending on the file of the Senior Civil Judge Court at Kundapura to VI Additional Principal Family Judge, Bengaluru where the petition filed by the petitioner in Crl.Misc.No.55/2022 is pending. 2. The facts of the case are that the marriage between the parties had taken place on 25.04.2021. In view of the differences between the parties, the petitioner has filed Crl.Misc.No.55/2022, on the file of the VI Additional Principal Family Judge, Bengaluru. Thereafter, the husband has filed a petition under Section 9 of the Hindu Marriage Act seeking - 3 - NC: 2025:KHC:9886 CP No. 357 of 2023 Restitution of Conjugal Rights. Now the present petition is filed seeking transfer of the said case from Kundapura to Bengaluru. The grounds that are stated for transfer are one that she is unemployed and another is difficult for her to travel from Kundapur to Bengaluru which is about 450 kilometres. 3. Learned counsel appearing for the petitioner submits that considering the inconvenience being caused to the wife, who is at Bengaluru and considering the distance between both the places, the pending M.C. at Kundapur may be transferred to Bengaluru. 4. Learned counsel appearing for the respondent submits that the wife is gainfully employed in Bengaluru and a false submission is made before this Court. There is no difficulty for her to travel and no grounds are made out seeking transfer of pending M.C. from Kundapur to Bengaluru. In response to that learned counsel appearing for the petitioner submits that as stated by the respondent she is not working. He submits that there is criminal case filed at Kundapur and they returning the same. In reply, it is submitted by the learned counsel for the petitioner that they have been filed a - 4 - NC: 2025:KHC:9886 CP No. 357 of 2023 petition seeking transfer of the said case also and the same is pending consideration before the Court. 5. Having heard the learned counsel on either side, perused the material on record. The admitted facts are that the wife is residing at Bengaluru and M.C. is filed at Kundapura and the distance between both the places is about 450 kilometres. This Court is not inclined to go into the aspect of weather the wife is gainfully employed or not. Even if she is gainfully employed, the distance between both the places is about 450 kilometres and it would be difficult for her to travel. Considering all these aspects, this Court is inclined to allow the present petition. Accordingly, this Court is passing the following: ORDER 1. M.C. No.13/2022, pending on the file of Senior Civil Judge Court, Kundapura is withdrawn and the same is transferred to the VI Addl. Principal Family Judge, Bengaluru. 2. Accordingly, the petition is allowed. - 5 - NC: 2025:KHC:9886 CP No. 357 of 2023 3. The wife shall cooperate with the trial and shall not seek unnecessary adjournments. 4. All IAs., in this petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE KA List No.: 1 Sl No.: 1 CT: BHK