- 1 - NC: 2025:KHC:5947 CP No. 461 of 2023 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. 461 OF 2023 BETWEEN: SMT. JAYASHREE B. N., W/O PRASANNA KUMAR R., D/O NAGAGARAJ B. P., AGED ABOUT 32 YEARS, R/AT AT SRI MARUTHI NIVAS, ASHOKA NAGARA, NEKAR COLONY, YARGUNTE, KONDAJII ROAD, DAVANAGERE TALUK - 577 006. …PETITIONER (BY SRI. SATISHCHANDRA R., ADVOCATE) AND: SRI. PRASANNA KUMAR R., S/O LATE RAJAPPA, AGED ABOUT 34 YEARS, R/AT VOMMASANDRA VILLAGE, DUGGASANDRA HOBLI, MULBAGAL TALUK, KOLAR DISTRICT - 563 131. …RESPONDENT (SERVICE AND NOTICE TO RESPONDENT IS HELD SUFFICIENT, V/O. DATED 11.02.2025) THIS CIVIL PETITION FILED UNDER SECTION 24 OF THE CODE OF CIVIL PROCEDURE, 1908 PRAYING TO PASS AN ORDER TRANSFER THE CASE IN M.C.NO.27/2023 ON THE FILE HONBLE SENIOR CIVIL JUDGE AND JMFC, MULBAGAL AND Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:5947 CP No. 461 of 2023 TRANSFER TO THE FILE OF HONBLE FAMILY COURT, DAVANAGERE. 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.Satishchandra R., learned counsel for the petitioner. Though notice was served upon the respondent, there is no representation on his behalf. 2. Invoking Section 24 of the Code of Civil Procedure, this petition is filed seeking the Court to transfer M.C.No.27/2023 which is pending before the Court of Senior Civil Judge, Mulbagal to the Family Court, Davanagere. 3. Learned counsel for the petitioner submits that the petitioner is the legally wedded wife of the respondent. Due to the dispute that arose between them, the petitioner is residing at her parents' house at present. The petitioner filed a petition seeking maintenance and the same is pending at Family Court, Davanagere. The respondent filed a petition seeking decree of - 3 - NC: 2025:KHC:5947 CP No. 461 of 2023 dissolution of marriage and the same is pending at the Court of Senior Civil Judge, Mulbagal. The distance between Davanagere where the petitioner is residing and Mulbagal where the case is pending is about 360 kms. The petitioner does not possess required financial capacity to take up travel and attend the Court on each and every date of adjournment. Also there are no direct buses from Davanagere to Mulbagal. For attending each adjournment, the petitioner is required to take the assistance of her family members. Thus, she is facing much difficulty in attending the Court and therefore the case is required to be transferred as prayed for. 4. The grounds urged remains un-opposed. Further, the grounds projected seeking transfer are convincing. Therefore, this Court is of the view that transfer of the case as prayed for is required to be effected. Thus, the following ORDER (i) The petition is allowed. (ii) M.C.No.27/2023 which is pending before the Court of Senior Civil Judge, Mulbagal is withdrawn and is transferred to the Family Court, Davanagere. - 4 - NC: 2025:KHC:5947 CP No. 461 of 2023 (iii) The Court of Senior Civil Judge, Mulbagal is directed to transmit the entire record in M.C.No.27/2023 duly indexed to the Family Court, Davanagere, 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.: 8