- 1 - NC: 2025:KHC:8773 CP No. 436 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA CIVIL PETITION NO. 436 OF 2024 BETWEEN: SMT. AKSHATHA W/O. SRI SURESH S., D/O. SRI. B. R. DAYAKAR, AGED ABOUT 35 YEARS, R/AT VAIDYANATH NAGARA, ATHAWARA, MANGALORE - 575 001. …PETITIONER (BY MISS. N. NANDITA DAS, ADVOCATE FOR SRI. ANANDARAMA K., ADVOCATE) AND: SRI. SURESH S., S/O SRI SEENA, AGED ABOUT 35 YEARS, R/AT HANTHUVANI HOUSE, M. HOSURU POST, JAYAPURA VILLAGE, KOPPA TALUK, CHIKKAMGALURU - 577 123. …RESPONDENT (BY SRI. MADHUKAR NADIG, ADVOCATE) THIS CIVIL PETITION UNDER SEC.24 OF THE CODE OF CIVIL PROCEDURE, 1908 PRAYING TO TRANSFER THE PETITION IN M.C. NO.34/2024 ON THE FILE OF THE COURT OF SENIOR CIVIL JUDGE AND JMFC, AT NARASIMHARAJAPURA, CHIKKAMAGALURU, SITTING AT KOPPA, FILED UNDER Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8773 CP No. 436 of 2024 SECTION 9 OF THE HINDU MARRIAGE ACT, 1955 TO THE COURT OF PRINCIPAL JUDGE, FAMILY COURT, D.K., MANGALURU. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA ORAL ORDER Heard Smt. Nanditha Das, who represents Sri. Anandarama.K, learned counsel on record for the petitioner as well as Sri. Madhukar Nadig, learned counsel for respondent. Also gone through the contents of the statement of objections filed. 2. This is a petition filed seeking the Court to transfer M.C No.34/2024 which is pending before the Court of Senior Civil Judge, Narasimharajapura sitting at Koppa to the Court of Principal Judge, Family Court, D.K., Mangaluru. - 3 - NC: 2025:KHC:8773 CP No. 436 of 2024 3. Learned counsel for the petitioner submits that the petitioner is the legally wedded wife of the respondent. Due to disputes that arose between them, they are residing separately. While, the petitioner is residing at Mangalore, the respondent filed a petition for restitution of conjugal rights at the Court of Senior Civil Judge, Koppa. Learned counsel submits that the petitioner is working at Mangalore as a teacher and therefore she is unable to take up travel and hence her request for transfer may be considered. 4. Learned counsel for the respondent submits that the respondent is willing to take the petitioner to marital fold. Learned counsel also states that the disputes between the parties are trivial in nature and thus there are chances of amicable settlement. Learned counsel further contends that though the respondent filed the statement of objections, yet as he is inclined to consider the welfare of the petitioner, he agrees for the transfer as prayed for by the petitioner. - 4 - NC: 2025:KHC:8773 CP No. 436 of 2024 5. Taking into consideration the submission thus made by both the learned counsel, this Court is of the view that transfer as prayed for is required to be effected. Thus, the following:- ORDER i. The petitioner is allowed. ii. M.C No.34/2024 which is pending before the Court of Senior Civil Judge, Narasimharajapura sitting at Koppa is withdrawn and is transferred to the Court of Principal Judge, Family Court, D.K., Mangalore. iii. The Court of Senior Civil Judge, Narasimharajapura at Koppa is directed to transmit the entire record in M.C No.34/2024 duly indexed to the Court of Principal Judge, Family Court, Mangalore within a period of one week from the date of receipt of copy of this order. - 5 - NC: 2025:KHC:8773 CP No. 436 of 2024 iv. Both parties are directed to make their appearance before the Court of Principal Judge, Family Court, Mangalore on 21.04.2025. v. Issuance of further notice is not required. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE VS List No.: 1 Sl No.: 19