- 1 - NC: 2025:KHC:13428 CP No. 454 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MARCH, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI CIVIL PETITION NO. 454 OF 2024 BETWEEN: SMT.SHRUTHI SHEKAR GOWDA AGED ABOUT 33 YEARS, D/O G.SHEKAR GOWDA, R/AT NO.2/56 NIDUVANKI HOUSE, GOLIHOLE VILLAGE AND POST, BYNDOOR TALUK UDUPI DISTRICT - 576 214 …PETITIONER (BY SRI.S.M.ANFAL, ADVOCATE FOR SRI.K.PRASANNA SHETTY, ADVOCATE) AND: SRI. KIRAN M.D., S/O DEVARAJU AGED ABOUT 25 YEARS R/AT 2ND CROSS ROAD, 2ND LINK ROAD, JAYANAGARA WEST, NEAR PARK, TUMAKURU DISTRICT - 572 102 …RESPONDENT (RESPONDENT SERVED AND UNREPRESENTED) THIS CIVIL PETITION FILED UNDER SEC.24 OF THE CODE OF CIVIL PROCEDURE, PRAYING TO PASS AN ORDER TO TRANSFER THE PROCEEDINGS INITIATED BY THE RESPONDENT/HUSBAND IN M.C. NO. 284/2024 PLEADING BEFORE I ADDL. PRINCIPAL JUDGE FAMILY COURT, TUMAKURU, TO THE COURT OF SENIOR CIVIL JUDGE AT KUNDAPURA AND PASS SUCH OTHER/FURTHER ORDERS AS THIS HON’BLE COURT DEEMS FIT UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:13428 CP No. 454 of 2024 CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER The present petition is filed by the petitioner/wife seeking transfer of M.C.No.284/2024 filed by the respondent/husband which is pending on the file of the I Additional Principal Judge, Family Court, Tumakuru, to the Court of Senior Civil Judge, at Kundapura. 2. The parties are referred to as husband and wife for the sake of convenience. 3. The facts of the case are that the marriage between the petitioner and the respondent was solemnized on 26.01.2020. In the wedlock, they are blessed with a male child on 20.04.2022 and on 30.05.2022, in view of the differences between the parties, they started residing separately. The husband had filed M.C.No.284/2024 on 06.08.2024 before the Principal Judge, Family Court, Tumakuru, seeking Restitution of Conjugal Rights. The wife had filed M.C.No.95/2024 on 22.08.2024 seeking dissolution of marriage before the Senior Civil Judge, at Kundapura. - 3 - NC: 2025:KHC:13428 CP No. 454 of 2024 4. Learned counsel appearing for the wife submits that the distance between Kundapura and Tumakuru is about 400 kilometers and the wife has to take care of her child who is aged two and a half years old and it is difficult for her to travel. 5. Though notice is served on the respondent, no vakalath is filed on behalf of him. 6. Having heard the learned counsels on either side, perused the material on record. Considering the fact that the distance between Kundapura and Tumakuru is about 400 kilometers and already M.C.No.95/2024 instituted by the wife seeking dissolution of marriage is pending on the file of the Senior Civil Judge, at Kundapura, this Court deems it appropriate to pass the following order: ORDER i. M.C.No.284/2024 filed by the respondent pending on the file of the I Additional Principal Judge, Family Court, Tumakuru, is withdrawn and the same is transferred to the Court of Senior Civil Judge, at Kundapura. ii. The wife shall cooperate with the trial. - 4 - NC: 2025:KHC:13428 CP No. 454 of 2024 iii. Accordingly, the Civil Petition is allowed. iv. All I.As. in this Civil Petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE MEG List No.: 2 Sl No.: 15