- 1 - NC: 2025:KHC:5941 CP No. 361 of 2019 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.361 OF 2019 BETWEEN: SMT. G.S. REKHA, W/O MANJUNATHA MUDHE GOWDRU. D/O SHEKARAPPA, AGED ABOUT 29 YEARS, RESIDING AT FLAT NO.T6, GURUPRIYA VINYAS APT., HANUMANAGIRI NAGAR, 5TH CROSS, CHIKKALSANDRA, BANGALORE-560 061. …PETITIONER (BY SRI.KESHAVA KUMAR B., ADVOCATE) AND: SRI. MANJUNATHA MUDHE GOWDRU S/O. GAGADHARAPPA, MUDHEGOWDRU, AGED ABOUT 32 YEARS, WORKING AT: PROCESS ASSOCIATE, VOLVO INDIA PVT. LTD. PARIN BUILDING, 6TH FLOOR, BAGMANE TECH PARK, CV RAMAN NAGAR, BANGALORE-560 093. ORIGINALLY RESIDENT OF: HANUGAVADI VILLAGE, HARIHARA TALUK, DAVANAGERE DISTRICT- 577 601. …RESPONDENT (NOTICE TO RESPONDENT IS HELD SUFFICIENT V/O DATED 11.02.2025) Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:5941 CP No. 361 of 2019 THIS CIVIL PETITION FILED UNDER SECTION 24 OF THE CODE OF CIVIL PROCEDURE, 1908 PRAYING TO TRANSFER THE CASE PENDING DISPOSAL ON THE FILE OF MC NO. 199/2019 BEFORE JUDGE, FAMILY COURT AT DAVANGERE TO VI ADDITIONAL FAMILY JUDGE AT BANGALORE BY CLUBBING WITH M.C. NO. 1160/2019 PENDING BEFORE THE HON'BLE VI ADDITIONAL FAMILY JUDGE, AT BANGALORE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA ORAL ORDER Heard Ms.Rahmathunnisa, who represents Sri.Keshava Kumar B., learned counsel on record for the petitioner. None represents the respondent. 2. This is a petition filed under Section 24 of the Code of Civil Procedure seeking the Court to transfer M.C.No.199/2019 which is pending before the Family Court, Davanagere to the Court of VI Additional Judge, Family Court, Bengaluru. 3. Learned counsel for the petitioner submits that the petitioner is the legally wedded wife of the respondent. The petitioner as well as the respondent are presently residing at Bengaluru. However, to harass the petitioner the respondent filed a petition for restitution of conjugal rights vide - 3 - NC: 2025:KHC:5941 CP No. 361 of 2019 M.C.No.199/2019 at Family Court, Davanagere. The petitioner filed a petition seeking decree of divorce vide M.C.No.1160/2019 and the same is pending before the Court of VI Additional Judge, Family Court, Bengaluru. Further more, the petitioner is looking after the child born out of lawful wedlock and the said child is aged about five years as of now. The petitioner is unable to travel from Bengaluru to Davanagere to attend the Court on each and every date of adjournment. Therefore, she moved the present petition seeking transfer of the case. 4. The grounds urged remains un-opposed. Also the said grounds are convincing. That apart, this Court is of the view that in case the petition filed for restitution of conjugal rights and the petition filed for a decree of divorce are tried by the same Court, both the parties will be benefited. Therefore, this Court considers desirable to accept the request of the petitioner. Thus, the following ORDER (i) The petition is allowed. - 4 - NC: 2025:KHC:5941 CP No. 361 of 2019 (ii) M.C.No.199/2019 which is pending before the Family Court, Davanagere, is withdrawn and is transferred to the Court of VI Additional Judge, Family Court, Bengaluru. (iii) The Family Court, Davanagere, is directed to transmit the entire record in M.C.No.199/2019 duly indexed to the Court of VI Additional Judge, Family Court, Bengaluru, within one week from the date of receipt of copy of this order. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE AP CT:TSM List No.: 1 Sl No.: 1