- 1 - NC: 2025:KHC:7051 CP No. 455 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA CIVIL PETITION NO. 455 OF 2023 BETWEEN: SMT. CHAITHRA AGED 30 YEARS, WIFE OF SRI. KRISHNAMURTHY, R/A. BLOCK 31 EKALAVYANAGARA INDIRAGANDI BADAVANE, METAGALLI, MYSURU - 570 016 PERMANENT RESIDENT AT K HOSAHALLI VILLAGE, KUNDURU HOBLI, ALUR TALUK HASSAN DISTRICT 573 128 …PETITIONER (BY SRI. PALLAVA R., ADVOCATE) AND: SHRI KRISHNAMURTHY AGED ABOUT 44 YEARS, SON OF SHRI BASAVEGOWDA, AT PRESENT RESIDING AT MUTTIGE VILLAGE (KATTEHOLE) K HOSKOTE HOBLI ALUR TALUK HASSAN DISTRICT - 573 129 …RESPONDENT (RESPONDENT IS SERVED) THIS CIVIL PETITION IS FILED UNDER SEC.24(1)(B)(II) OF CPC, 1908, PRAYING TO WITHDRAW M.C.NO.39/2023 Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:7051 CP No. 455 of 2023 PENDING ON THE FILE OF PRINCIPAL JUDGE, FAMILY COURT, HASSAN AND TRANSFER THE SAME TO COURT OF THE PRINCIPAL JUDGE, FAMILY COURT, MYSORE TO TRY AND DISPOSE THE SAME IN ACCORDANCE WITH LAW IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA ORAL ORDER Heard Sri. Pallava.R learned counsel for the petitioner. 2. As per the order of this Court dated 06.01.2025, the Family Court, Hassan served notice upon the counsel appearing for the respondent. Proof to that effect is on record. No representation on respondent's side on call. Recorded. 3. This is a petition filed seeking the Court to transfer M.C. No.39/23 which is pending before the Court of Principal Judge, Family Court, Hassan to the Court of Principal Judge, Family Court, Mysuru. - 3 - NC: 2025:KHC:7051 CP No. 455 of 2023 4. Learned counsel for the petitioner submits that the petitioner is the legally wedded wife of the respondent. Their lawful wedlock resulted in birth of two children. The elder child is aged about six years and the younger one is aged about four years at present. Both the children are under the custody of the petitioner. The petitioner and her children are residing at the brother's house of the petitioner at Mysuru. The respondent filed a petition seeking a decree of dissolution of marriage and the same is pending before the Court of Principal Judge, Family Court, Hassan. The petitioner who is under obligation to look after the children is unable to travel from Mysuru to Hassan to attend the Court on each and every date of adjournment. Further she has no financial sources. Therefore, she filed this petition seeking transfer and therefore her request may be honored. 5. The grounds urged remains unopposed. As per the version of the petitioner she is required to take care of her tender aged children. Having considered the grounds - 4 - NC: 2025:KHC:7051 CP No. 455 of 2023 urged, this Court is of the view that transfer as prayed for is required to be effected. Thus the following:- ORDER i. The petition is allowed. ii. M.C No.39/2023 which is pending before the Court of Principal Judge, Family Court, Hassan is withdrawn and is transferred to the Court of Principal Judge, Family Court, Mysuru. iii. The Court of Principal Judge, Family Court, Hassan is directed to transmit the entire record in M.C No.39/2023 duly indexed to the Court of Principal Judge, Family Court, Mysuru within one week from the date of receipt of copy of this order. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE VS List No.: 1 Sl No.: 1 CT:SNN