- 1 - NC: 2025:KHC:8478 CP No. 432 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA CIVIL PETITION NO. 432 OF 2024 BETWEEN: SMT. SHUBHA K. B., AGED 28 YEARS, W/O. SHISHIRA RAO H. A., D/O. BHASKAR RAO, R/AT SHADANANA, NUCHILA, KUKKE SUBRAMANYA POST, KUKKE SUBRAMANYA, KADABA TALUK, D. K. DISTRICT - 574 238. …PETITIONER (BY SRI. PUNDIKAI ISHWARA BHAT, ADVOCATE) AND: SRI. SHISHIRA RAO H. A., AGED 31 YEARS, S/O ADITHYA H K, R/AT NO. 45/14, 3RD C CROSS, 5TH PHASE, YELAHANKA NEW TOWN, YELAHANKA, BENGALURU - 560 064. …RESPONDENT (BY SRI. RAVICHANDRA S. N., ADVOCATE) THIS CIVIL PETITION IS FILED UNDER SEC. 24 OF CODE OF CIVIL PROCEDURE PRAYING TO TRANSFER THE CASE, M.C. NO. 5555/2024 PENDING BEFORE THE VI ADDL.PRINCIPAL JUDGE, FAMILY COURT AT BENGALURU TO THE SENIOR CIVIL JUDGE AND JMFC, SULLIA, D.K., IN THE INTEREST OF JUSTICE AND EQUITY. Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8478 CP No. 432 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.Pundikai Ishwara Bhat, learned counsel for the petitioner. No representation on respondent's side on call. 2. On 11.02.2025, learned counsel for the respondent sought time to file his objections. Neither objections were filed nor there is representation on respondent's side on this day. 3. This is a petition filed seeking the Court to transfer M.C.No.5555/2024 which is pending before the Court of VI Additional Principal Judge, Family Court, Bengaluru to the Court of Senior Civil Judge, Sullia. 4. Learned counsel for the petitioner submits that the petitioner is a legally wedded wife of the respondent. Due to disputes that arose between them, they are residing separately. The petitioner is residing at Kukkesubramanya and she is being maintained by her parents. The respondent initially filed a petition for restitution of conjugal rights at Bengaluru. The petitioner who is unable to travel to Bengaluru filed a - 3 - NC: 2025:KHC:8478 CP No. 432 of 2024 petition i.e. C.P.No.451/2022 before this Court seeking transfer of the said case to the Court of Senior Civil Judge, Sullia and the said petition was allowed. Thus, the petition that is filed by the respondent for restitution of conjugal rights is pending before the Court of Senior Civil Judge, Sullia. During the pendency of the said petition itself, the respondent filed M.C.No.5555/2024 seeking decree of dissolution of marriage. The petitioner is unable to take up travel to Bengaluru to attend the Court in the said case and therefore, she moved the present petition to transfer the case to the Court of Senior Civil Judge, Sullia. The grounds urged and projected are convincing. Further, the grounds urged remain un-opposed. 5. Having considered the grounds urged, this Court is of the view that the relief sought for is required to be granted. Thus, the following ORDER (i) The petition is allowed. (ii) M.C.No.5555/2024 which is pending before the Court of VI Additional Principal Judge, Family Court, Bengaluru is - 4 - NC: 2025:KHC:8478 CP No. 432 of 2024 withdrawn and is transferred to the Court of Senior Civil Judge, Sullia. (iii) The Court of VI Additional Principal Judge, Family Court, Bengaluru is directed to transmit the entire case record duly indexed to the Court of Senior Civil Judge, Sullia 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.: 26