- 1 - NC: 2025:KHC:903 CP No. 395 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA CIVIL PETITION NO.395 OF 2024 BETWEEN: SMT. DIVYASHREE P AGED 29 YEARS W/O JAYARAM K., NO.463, 1ST CROSS, 4TH MAIN ROAD, LALALAJPATRAI ROAD, SARDAR VALLABHAI PATEL NAGAR, MYSURU-570 001. …PETITIONER (BY SRI.JAYANTH V., ADVOCATE) AND: JAYARAM K S/O LATE KUNTASINGRAIAH AGED ABOUT 38 YEARS NO.1252/8, 1ST 'A' MAIN, M.C.LAYOUT, GOVINDRAJA NAGAR WARD, VIJAYANAGAR, BENGALURU -560 040. …RESPONDENT (BY SRI. C. JAGADISH., ADVOCATE) THIS CIVIL PETITION UNDER SECTION 24 OF THE CODE OF CIVIL PROCEDURE, 1908 PRAYING TO TRANSFER THE PETITION IN M.C. NO. 3988/2024 ANNEXURE-A PRESENTLY ON THE FILE OF THE 1ST ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BENGALURU TO THE III ADDITIONAL FAMILY JUDGE MYSURU. Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:903 CP No. 395 of 2024 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.Jayanth V., learned counsel for the petitioner who appears physically before this Court. Also heard Sri.C.Jagadeesh, learned counsel for respondent who appears through video conference. 2. This is a petition filed seeking the Court to transfer M.C.No.3988/2024 which is pending before the Court of I Additional Principal Judge, Family Court, Bengaluru, to the Court of III Additional Judge, Family Court, Mysuru. 3. Learned counsel for the petitioner submits that the petitioner is the legally wedded wife of the respondent. Disputes arose between them and therefore they are living separately. While the petitioner is residing at Mysuru, the respondent filed a petition seeking a decree of dissolution of marriage at Bengaluru and the case is thus pending at Bengaluru. Learned counsel for the petitioner submits that the respondent himself in his pleadings filed for grant of divorce alleged that the petitioner is suffering from Schizoaffective - 3 - NC: 2025:KHC:903 CP No. 395 of 2024 disorder, is under treatment and her health condition is deteriorated. Such being the situation, the petitioner is not expected to take up travel from Mysuru to Bengaluru and therefore transfer may be effected. 4. Learned counsel for the respondent on the other hand contends that though the respondent has no serious objection to effect transfer, the respondent was forced to file a petition for divorce because of the attitude of the petitioner. 5. Without going into the merits of the case including the allegations and counter allegations leveled against each other, as no serious objection is projected by the respondent for effecting transfer and as the grounds projected by the petitioner seeking transfer appears convincing, this Court is of the view that the petition is required to be allowed. Thus, the following ORDER (i) The petition is allowed. (ii) M.C.No.3988/2024 which is pending before the Court of I Additional Principal Judge, Family Court, Bengaluru, is - 4 - NC: 2025:KHC:903 CP No. 395 of 2024 withdrawn and transferred to the Court of III Additional Judge, Family Court, Mysuru. (iii) The Court of I Additional Principal Judge, Family Court, Bangalore is directed to transmit the entire records in M.C. No.3988/2024 duly indexed to the Court of III Additional Judge, Family Court, Mysuru, within 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 III Additional Judge, Family Court, Mysuru on 28.02.2025. (v) Issuance of further notice is not required. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE AP CT:TSM List No.: 1 Sl No.: 31