- 1 - NC: 2025:KHC:4828 CP No. 523 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR CIVIL PETITION NO. 523 OF 2024 BETWEEN: SMT. REKHA P K W/O. PRAKASH NAIK, AGED ABOUT 35 YEARS, R/AT NO.139, KOLAGI VILLAGE, THOGARSI POST, SHIKARIPUR TALUK-577427 SHIVAMOGGA DISTRICT. …PETITIONER (BY SMT. ANITHA H R.,ADVOCATE) AND: SRI. PRAKASH NAYAK S/O. SADANANDA NAIK, AGED ABOUT 37 YEARS, BAIDEBETTU POST, KOKKARNE, BRAHMAVARA TALUK-576 234 UDUPI DISTRICT. …RESPONDENT (BY SRI.DINESH NEELAKANT GAONKAR .,ADVOCATE) THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CPC, PRAYING TO WITHDRAW THE M.C.NO.275/2023 PENDING BEFORE THE PRINCIPAL JUDGE, FAMILY COURT AT UDUPI AND TRANSFER THE SAME TO SENIOR CIVIL JUDGE AND JMFC COURT AT SHIKARIPURA AND ALLOW THIS PETITION, IN THE INTEREST OF JUSTICE AND EQUITY. Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:4828 CP No. 523 of 2024 THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE PRADEEP SINGH YERUR ORAL ORDER This petition is filed by the petitioner/wife seeking transfer of the divorce petition filed by the respondent/ husband in M.C. No.275/2023, pending on the file of the Prl. Judge, Family Court, Udupi, to the Court of Senior Civil Judge, Shikaripura. 2. It is the case of the petitioner that she is a resident of Shikaripur taluk, Shivamogga district and respondent is a resident of Kokkarne, Brahmavara taluk, Udupi. Initially, respondent filed a petition for restitution of conjugal rights in M.C. No.7/2019 against the petitioner, which came to be decreed by the Family Court. In the meanwhile, petitioner and her son filed petition for maintenance under Section 125 of the Code of Criminal Procedure in Crl. Misc. No.26/2019, wherein the trial Court granted maintenance of 2,200/- per month to the petitioner and Rs.1,200/- per month to her son. The - 3 - NC: 2025:KHC:4828 CP No. 523 of 2024 respondent/husband challenged the same in Revision before the District Court, Shivamogga. The District Court set aside the maintenance granted to the petitioner/wife and confirmed the maintenance granted to the petitioner's son. The petitioner challenged the same before this court in Crl.P No.3431/2024 and this Court enhanced the maintenance to the minor son to Rs.5,000/- per month. In the mean time, the respondent filed M.C. No.275/2023 for divorce before the Prl. Judge, Family Court, Udupi and the said petition is presently at the stage of recording of the petitioner’s evidence. At that stage, petitioner/wife has preferred this transfer petition. 3. It is the contention of learned counsel for the petitioner that it is difficult for the petitioner to travel to Udupi to attend the proceedings in the divorce petition as she has a minor son and old aged parents. Further, petitioner has to incur expenditure and also make travel arrangement for the son, who is studying in the school, otherwise, her son would have to skip the school during - 4 - NC: 2025:KHC:4828 CP No. 523 of 2024 the hearing days. Learned counsel for the petitioner further contends that the petitioner is unwell and it would be cumbersome and inconvenience for the petitioner to travel alongwith the minor child, leaving behind old aged parents. Learned counsel also contends that respondent/husband has been travelling to Shikaripura Court to attend the petition preferred by petitioner for maintenance and therefore there would not be any inconvenience to him if the divorce petition is transferred from Udupi to Shikaripura. On these grounds, learned counsel seeks for transfer of the divorce petition filed by the respondent/husband to Shikaripura. 4. Per contra, learned counsel for the respondent/ husband contends that the divorce petition before the Family Court at Udupi now presently posted for evidence of the petitioner/wife, which would be completed in one day and respondent/husband would cross-examine on the same day. He also submits that respondent/husband is ready to bear expenses of the travel and accommodation - 5 - NC: 2025:KHC:4828 CP No. 523 of 2024 of the petitioner on the hearing days. Therefore, he seeks for dismissal of the petition. 5. Having heard learned counsels for the parties and on perusal of the records, it is apparently seen that less amount of hardship would be caused to the respondent - husband in traveling to Shikaripura to attend the aforesaid cases rather than the petitioner - wife attending the case at Udupi preferred by the respondent - husband. Infact, the respondent has to travel to Shikaripura to attend the maintenance case preferred by the wife and therefore, he would not have any difficulty to attend the matrimonial case, if the same is transferred to Shikaripura. Therefore, I do not find any legal impediment to transfer the matrimonial proceedings pending before the Family Court at Udupi to Shikaripura. 6. In view of the above, I pass the following: O R D E R i) Petition is allowed. - 6 - NC: 2025:KHC:4828 CP No. 523 of 2024 ii) Matrimonial proceedings in M.C. No.275/2023 pending on the file of the Prl Judge, Family Court, Udupi, is ordered to be transferred to the Court of Senior Civil Judge, Shikaripura. Sd/- (PRADEEP SINGH YERUR) JUDGE GSS List No.: 3 Sl No.: 3