- 1 - NC: 2025:KHC:1604 CP No. 407 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA CIVIL PETITION NO. 407 OF 2023 BETWEEN: SMT. NAGAMANI @ REKHA, W/O. SRI M. DEVARAJ, AGED ABOUT 33 YEARS, R/AT GUDDIALAMBAGIRI, MUNAGANAHALLI PANCHAYATHI, KASABA HOBLI, CHINTAMANI TALUK, CHIKKABALLAPUR DISTRICT. PIN - 563 125. …PETITIONER (BY SRI. MANJUNATHA S. V., ADVOCATE) AND: SRI. M. DEVARAJ, S/O LATE MUNINARAYANAPPA, AGED ABOUT 53 YEARS, R/AT NO. 15/9, MANJUNATHESWARA NILAYA, MUNINARAYANAPPA 5TH CROSS, GARUDACHARPALYA PALYA, MAHADEVAPURA, BANGALORE - 560 048. …RESPONDENT (BY SRI. JAGANNATHAN P., ADVOCATE) THIS CIVIL PETITION FILED UNDER SECTION 24 OF CPC 1908, PRAYING TO PLEASED TO WITHDRAW THE ENTIRE PROCEEDINGS IN M.C.NO.95/2019, PENDING ON THE FILE OF THE HON'BLE PRINCIPAL JUDGE, FAMILY COURT AT BENGALURU AND TO TRANSFER THE SAME TO THE HON'BLE SENIOR CIVIL JUDGE AND JMFC AT CHINTAMANI AND ALL FURTHER CONSEQUENT PROCEEDINGS THERETO. Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:1604 CP No. 407 of 2023 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.Mohammad Asfak learned counsel who represents Sri.Manjunatha.S.V. learned counsel on record for the petitioner as well as Sri.Jaganathan.P learned counsel for 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.95/2019 which is pending before the Court of Principal Judge, Family Court Bengaluru to the Court of the Senior Civil Judge, Chintamani. 3. Learned counsel for the petitioner submits that the petitioner is the legally wedded wife of the respondent. The petitioner filed a petition under Section 9 of the Hindu Marriage Act seeking restitution of conjugal rights and the same is pending before the Court of Senior Civil Judge, Chintamani. Thereafter the respondent filed a petition seeking dissolution of marriage and the same is pending before the Court of Principal - 3 - NC: 2025:KHC:1604 CP No. 407 of 2023 Judge Family Court Bengaluru. The petitioner, being woman, is facing much difficulty in attending both the Courts. Also, it is desirable that both the cases are tried and disposed of by the same Court. Therefore, she has moved an application seeking transfer. 4. Learned counsel for the respondent, on the other hand, contends that the respondent is aged about 53 years and is suffering from diabetes and therefore, he cannot travel from Bengaluru to Chintamani in case the case is transferred. 5. Admittedly, the petition filed for restitution of conjugal rights is pending before the Court of Senior Civil Judge, Chintamani and therefore, the respondent is required to pursue that matter. Apart from the convenience to the petitioner, it would be desirable that the cases filed i.e., the petition for restitution of conjugal rights and the petition for dissolution of marriage be tried and disposed of by the same Court. Therefore, this Court considers desirable to effect transfer as prayed for. Thus, the following: ORDER (i) The petition is allowed. - 4 - NC: 2025:KHC:1604 CP No. 407 of 2023 (ii) M.C.No.95/2019 which is pending before the Court of Principal Judge, Family Court, Bengaluru is withdrawn and is transferred to the Court of Senior Civil Judge, Chintamani. (iii) The Court of Principal Judge, Family Court, Bengaluru is directed to transmit the entire record in M.C.No.95/2019 duly indexed to the Court of Senior Civil Judge, Chintamani within a period of one week from the date of receipt of copy of this order. (iv) Both parties are directed to make their appearance before the Court of Senior Civil Judge, Chintamani on 28.02.2025. Issuance of further notice is not required. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE DS CT:TSM List No.: 1 Sl No.: 28