- 1 - NC: 2025:KHC:12781 CP No. 530 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF MARCH, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI CIVIL PETITION NO. 530 OF 2023 BETWEEN: SMT. M. G. RAJANI W/O RANGASWAMY AGED ABOUT 25 YEARS R/O.NO.2157/431, 1ST FLOOR 1ST MAIN ROAD, CHIKKAMANNI LAYOUT SARASWATHI NAGAR SHIVAKUMARSWAMY EXTENSION DAVANAGERE -577 002 …PETITIONER (BY SRI. HALLI SHANTAPPA BASAPPA, ADVOCATE) AND: RANGASWAMY S/O JAYARAM AGED ABOUT 29 YEARS R/O GOPALPURA HIRIYUR TOWN -572 143 CHITRADURGA DISTRICT …RESPONDENT (RESPONDENT IS SERVED) THIS CIVIL PETITION FILED UNDER SEC.24 OF CPC, PRAYING TO WITHDRAW THE M.C.NO.50/2023 ON THE FILE OF THE CIVIL JUDGE (SR. DN) AND JMFC AT HIRIYUR AND SAME IS TRANSFER TO THE JUDGE, FAMILY COURT AT DAVANGERE AND PASS ANY OTHER SUITABLE ORDER/S DEEMS FIT ON 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: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:12781 CP No. 530 of 2023 ORAL ORDER The present petition is filed by the petitioner/wife seeking transfer of M.C.No.50/2023 filed by the respondent/husband pending on the file of the Senior Civil Judge and JMFC at Hiriyur to the Family Court at Davangere. 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 of the petitioner and the respondent was solemnized on 30.12.2015 at Hiriyur and in the wedlock they are blessed with two children, who are aged about 5 and 2 years. In view of the differences between the parties, on 13.07.2023 the husband had filed M.C.No.50/2023 on the file of the Senior Civil Judge and JMFC, Hiriyur seeking restitution of conjugal rights. The wife had filed Crl.Misc.No.438/2023 on the file of the Family Court at Davangere, seeking maintenance. It is stated that the wife is residing along with her parents and she has to take care of the two children, who are aged about 5 and 2 years. The distance between both the places is about 100 - 3 - NC: 2025:KHC:12781 CP No. 530 of 2023 kilometers and it is difficult for the wife to travel all the way from Davangere to Hiriyur on the dates of hearing. 3. Though notice is served on the respondent, no vakalath is filed on behalf of him. 4. Having heard the learned counsel for the petitioner, perused the material on record. Considering the facts that the wife is staying at Davangere, the distance between Davangere and Hiriyur is about 100 kilometers and she has to take care of the two children, who are aged about 5 and 2 years, this Court deems it appropriate to pass the following: ORDER i. The M.C.No.50/2023 pending on the file of the Senior Civil Judge and JMFC, Hiriyur is withdrawn and transferred to Family Court at Davangere. ii. The petitioner/wife shall co-operate with the trial and shall not seek unnecessary adjournments. iii. Accordingly, the Civil Petition is Allowed. - 4 - NC: 2025:KHC:12781 CP No. 530 of 2023 iv. All pending I.As., in the Civil Petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE BN List No.: 2 Sl No.: 11