- 1 - NC: 2025:KHC:6726 CP No. 513 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA CIVIL PETITION NO. 513 OF 2024 BETWEEN: DR. NAMRATHA UDUPA M.S, W/O DR. PRITHVI RAJ K.A, AGED ABOUT 38 YEARS PRESENTLY RESIDING AT H.NO. 8, 'RANGANATHA NILAYA', A.H. LAYOUT, GOPALA, SHIVAMOGGA - 577 201. …PETITIONER (BY SRI. P.N. HARISH, ADVOCATE) AND: DR. PRITHVI RAJ K.A, S/O ANANTHAIAH K, AGED ABOUT 36 YEARS, R/O 'SHREE SHANKARA', 1ST FLOOR, GANGAMMA GARDEN, MALAGALA MAIN ROAD, NAGARBHAVI II STAGE, VISHWANEEDAM POST, BENGALURU - 560 091. …RESPONDENT (BY SRI. DECLYN GOMES, ADVOCATE) THIS CP IS FILED UNDER SECTION 24 OF CPC, PRAYING TO a) TRANSFER THE CASE BEARING NUMBER M.C.NO.6407/2024 FROM THE FILE OF LEARNED II Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:6726 CP No. 513 of 2024 ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BENGALURU TO THE FILE OF LEARNED PRINCIPAL JUDGE, FAMILY COURT, SHIVAMOGGA BY ALLOWING THIS PETITION WITH COSTS IN THE ENDS OF JUSTICE. 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. P.N.Harish, learned counsel for the petitioner as well as Sri.Declyn Gomes, learned counsel for respondent. Also gone through the statement of objections filed by the respondent. 2. This is a petition filed seeking the Court to transfer M.C No.6407/2024 which is pending before the Court of II Additional principal Juge, Family Court, Bangalore to the Court of Principal Judge, Family Court, Shivamogga. 3. Learned counsel for the petitioner submits that the petitioner is the legally wedded wife of the respondent. Both are doctors by profession. They gave birth to two children out of the lawful wedlock. The first child is aged - 3 - NC: 2025:KHC:6726 CP No. 513 of 2024 about 6 years and the second child is aged about 3 years. The children are under the care and custody of the petitioner. The respondent filed a petition i.e., M.C No.6407/2024 seeking a decree of dissolution of marriage and the same is pending before the Court of II Additional Principal Judge, Family Court, Bangalore. The respondent also filed a petition seeking custody of the children but he filed the said petition at the Court of Principal Judge, Family Court, Shivamogga. The petitioner is required to take up travel of 275 Kms along with the children to reach Bangalore and attend the Court on each and every date of adjournment. She is facing much difficultly to do so. Therefore she moved the present petition seeking transfer. 4. On the otherhand, the submission that is made by learned counsel for the respondent is that the respondent is running a clinic at Bangalore, however he has got no financial sources to take up travel. 5. Admittedly, both the petitioner and the respondent are doctors. On one hand stating that the respondent is - 4 - NC: 2025:KHC:6726 CP No. 513 of 2024 running a clinic at Bangalore, learned counsel for the respondent on the otherhand contends that he has no financial capacity to take up travel. Thus, the ground urged cannot be believed. Keeping the said fact aside, the petitioner has raised a valid ground that she is unable to take up travel along with the children who are under her custody to reach the Court at Bangalore. Therefore, this Court is of the view that transfer as prayed for is required to be effected. Thus, the following:- ORDER i. The petition is allowed. ii. M.C No.6407/2024 which is pending before the Court of II Additional Principal Judge, Family Court, Bangalore is withdrawn and is transferred to the Court of Principal Judge, Family Court, Shivamogga. iii. The Court of II Additional Principal Judge, Family Court, Bangalore is directed to transmit the entire - 5 - NC: 2025:KHC:6726 CP No. 513 of 2024 record in M.C No.6407/2024 duly indexed to the Court of Principal Judge, Family Court, Shivamogga within one week from the date of receipt of copy of this order. iv. Parties to the proceedings are directed to make their appearance before the Court of Principal Judge, Family Court, Shivamogga on 02.04.2025. v. Issuance of further notice is not required. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE VS List No.: 1 Sl No.: 35 CT: BHK