- 1 - NC: 2025:KHC:12010 CP No. 433 of 2024 C/W CP No. 292 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF MARCH, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI CIVIL PETITION NO. 433 OF 2024 C/W. CIVIL PETITION NO. 292 OF 2024 IN CP No. 433/2024 BETWEEN: SRI. NAGARAJ BIN MALLAPPA, (SRI NAGARAJ B. BIN MALLAPPA) AGED 51 YEARS, ASST. PROFESSOR, SJM COLLAGE, HOLALKERE ROAD, R/AT BVKS LAYOUT, NO.99, 'SAI KRUPA', DAVALAGIRI BADAVANE, CHITRADURGA TOWN, CHITRADURGA DISTRICT - 577 501. …PETITIONER (BY SRI. R.S. HEGDE, ADVOCATE) AND: SMT. NETRAVATHI, D/O REVANNA SIDDAPPA, AGED ABOUT 34 YEARS, HOUSEHOLD, PERMANENT ADDRESS BVKS LAYOUT, NO.99, SAI KRUPA, DAVALAGIRI BADAVANE, CHITRADURGA TOWN, CHITRADURGA DISTRICT - 577 501, PRESENTLY RESIDING AT KANDAGAL VILLAGE DAVANAGERE TALUK, DAVANAGERE DISTRICT - 577 001. …RESPONDENT (BY SRI. R.B. DESHPANDE, ADVOCATE) THIS CIVIL PETITION IS FILED UNDER SEC.24 OF CODE OF CIVIL PROCEDURE 1908 PRAYING TO WITHDRAW AND TRANSFER MC NO.288/2024, PENDING ON THE FILE OF FAMILY COURT AT DAVANAGERE, TO THE COURT OF PRINCIPAL SENIOR CIVIL JUDGE AND CJM, CHITRADURGA TO TRY THE CASE ALONG WITH MC NO. 28/2024, PENDING ON THE FILE OF COURT OF PRINCIPAL SENIOR Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:12010 CP No. 433 of 2024 C/W CP No. 292 of 2024 CIVIL JUDGE AND CJM, CHITRADURGA IN THE INTEREST OF JUSTICE AND EQUITY. IN CP NO. 292/2024 BETWEEN: SMT. NETRAVATHI R, W/O NAGARAJ, D/O REVANASIDDAPPA, AGED ABOUT 34 YEARS, OCC. HOUSEHOLD WORK, R/O KANDAL VILLAGE, DAVANAGERE TALUK DAVANAGERE DISTRICT - 577 001. ...PETITIONER (BY SRI. R.B DESHPANDE, ADVOCATE) AND: SRI. NAGARAJ B S/O MALLAPPA AGED ABOUT 50 YEARS, OCC. TEACHER, SJM COLLEGE, R/O SAIKRUPA, C/O SMT. MEENAKSHAMMA, LATE G.T. VENKATESH, NO. 99, DAVALAGIRI BADAVANE, CHITRADURGA - 577 501. ...RESPONDENT (BY SRI. R.S. HEGDE, ADVOCATE) THIS CIVIL PETITION IS FILED UNDER SEC 24 OF CODE OF CIVIL PROCEDURE PRAYING TO WITHDRAW AND TRANSFER M.C. NO. 28/2024 PENDING ON THE FILE OF PRL. SENIOR CIVIL JUDGE AND CJM COURT, CHITRADURGA TO THE COURT OF PRINCIPAL FAMILY COURT/FAMILY JUDGE, DAVANAGERE HAVING JURISDICTION TO TRY THIS CASE, IN THE INTEREST OF JUSTICE. THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - NC: 2025:KHC:12010 CP No. 433 of 2024 C/W CP No. 292 of 2024 ORAL ORDER C.P.No.433/2024 is filed by the husband seeking transfer of M.C.No.288/2024, pending on the file of the Family Court at Davanagere to the Court of Principal Senior Civil Judge and C.J.M., Chitradurga. C.P. No.292/2024 is filed by the wife seeking transfer of M.C.No.28/2024, pending on the file of the Principal Senior Civil Judge and C.J.M., Chitradurga to the Family Court, Davanagere. 2. The facts of the case are that the marriage between the petitioner and the respondent was solemnised on 15.07.2022. The husband is working as Assistant Professor in Chitradurga. In view of the differences between the parties, the husband has filed M.C. seeking divorce on 23.02.2024. Wife had file M.C. seeking Restitution of Conjugal Rights on 10.07.2024. The wife had also filed two cases for maintenance before the Courts at Davanagere. 3. It is the contention of the learned counsel appearing for the husband that he is working as Assistant Professor at Chitradurga. It is difficult for him to travel all the - 4 - NC: 2025:KHC:12010 CP No. 433 of 2024 C/W CP No. 292 of 2024 way from Chitradurga to Davangere which is about 80 kms., and as such, the case needs to be transferred to Chitradurga. 4. Learned counsel appearing for the wife submits that the wife has no source of income. She is residing in a village along with her parents. She has no means to travel from Davangere to Chitradurga and she cannot travel alone and it is difficult for her to attend the cases pending at Chitradurga. It is submitted that already two cases are pending at Davanagere and the husband has to come to Davanagere to attend these cases. As such, M.C. filed by the husband seeking divorce may be transferred to Davanagere and to try along with the petition filed by her seeking Restitution of Conjugal Rights. 5. Having heard the learned counsels on either side, perused the material on record. Admittedly, two cases are pending at davangere and one case for divorce is pending at Chitradurga. The reason that is stated by the husband is that as he is working at Chitradurga as Assistant Professor, the pending M.C. for Restitution of Conjugal Rights has to be transferred to Chitradurga. This court is not able to appreciate the said contention and that cannot be a reason for this Court - 5 - NC: 2025:KHC:12010 CP No. 433 of 2024 C/W CP No. 292 of 2024 to transfer the case from Davangere to Chitradurga. When an application is filed seeking transfer, the Court has to look at the convenience/inconvenience of the parties and also has to balance interest of both the parties. In this case, admittedly two cases are there at Davanagere. The wife is unemployed and staying along with parents. In the facts and circumstances of the case, if the case is transferred to Chitradurga, more inconvenience will be caused to the wife. In those circumstances, this Court is passing the following: ORDER i) C.P.No.433/2024 filed by the husband is dismissed. C.P.No.292/2024 filed by the wife is allowed by withdrawing M.C.No.28/2024, pending on the file of the Principal Senior Civil Judge and C.J.M. Court, Chitradurga and the same is transferred to the Family Court, Davanagere. ii) The wife shall cooperate with the trial and shall not seek unnecessary adjournments. iii) IAs., in this petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE KA, CT: BHK