- 1 - NC: 2025:KHC:14270 CP No. 529 of 2024 C/W CP No. 409 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF APRIL, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI CIVIL PETITION NO. 529 OF 2024 C/W CIVIL PETITION NO. 409 OF 2024 IN CP No. 529/2024 BETWEEN: SRI. ASHRIT BADAMI AGED ABOUT 33 YEARS, S/O SRI SURESH BADAMI R/AT FLAT NO. A-003, ADARSH CITRINE APARTMENT, SILVER OAK STREET, VINAYAKA NAGAR JP NAGAR 7TH PHASE, PUTTENAHALLI, BANGALORE - 560 078 …PETITIONER (BY SRI. MAHABALESHWARA RAO K.N., ADVOCATE) AND: SMT. ANITHA PATIL AGED ABOUT 30 YEARS, W/O SRI. ASHRIT BADAMI, D/O M.G. SHASHADHAR PATIL, PRESENTLY RESIDING AT SHREE SHYLA MALLIKARJUNA NILAYA, 1ST FLOOR, OPPOSITE TO ARUNODAYA SCHOOL, INDIRAGANDHI NAGARA, NAVULE, SHIMOGA-577204 …RESPONDENT (BY SRI. PARIKSHIT S.S., ADVOCATE) THIS CP IS FILED U/S. 24 OF CPC PRAYING TO TRANSFER THE M.C. NO. 327/2024 BEFORE THE PRL. JUDGE FAMILY COURT, SHIVAMOGGA TO THE HONBLE VI ADDITIONAL PRL. JUDGE FAMILY COURT AT BENGALURU TO TAKE UP ALONGWITH M.C. NO. 5439/2024 IN THE INTEREST OF JUSTICE, EQUITY AND Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:14270 CP No. 529 of 2024 C/W CP No. 409 of 2024 CONSIDERING INTO ACCOUNT OF ALL THE ABOVE FACTS RELATED TO THE CASE. IN CP NO. 409/2024 BETWEEN: SMT ANITHA PATIL AGED ABOUT 30 YEARS W/O ASHRIT BADAMI PRESENTLY R/AT SHREESHAILA MALLIKARJUNA NILAYA 1ST FLOOR, OPP ARUNODAYA SCHOOL INDIRAGANDHI NAGAR NAVALE, SHIVMOGGA 577204 ...PETITIONER (BY SRI. PARIKSHIT S.S., ADVOCATE) AND: SRI ASHRIT BADAMI AGED ABOUT 33 YEARS S/O SURESH BADAMI R/AT FLAT NO A-003 ADARSH CITRINE APRTMENT SILVER OAK STREET VINAYAKA NAGARA J P NAGARA 7TH PHASE PUTTENAHALLI, BENGALURU - 560078 ...RESPONDENT (BY SRI. MAHABALESHWARA RAO K.N., ADVOCATE) THE ADVOCATE FOR THE PETITIONER HAS FILED THE ABOVE CIVIL PETITION UNDER SECTION 24 OF CPC, PRAYING THAT THIS HONBLE COURT MAY KINDLY BE PLEASED TO TRANSFER M.C. NO. 5439/2024 PENDING ON THE FILE OF VI ADDL. PRL. JUDGE, FAMILY COURT, BENGALURU TO PRL. FAMILY COURT AT SHIVAMOGGA IN THE INTEREST OF JUSTICE AND EQUITY. 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:14270 CP No. 529 of 2024 C/W CP No. 409 of 2024 ORAL ORDER Wife and husband have filed two petitions. The husband's petition is C.P.No.529/2024 seeking transfer of M.C.No.327/2024 filed by the wife for Restitution of Conjugal Rights, pending on the file of the Principal Judge, Family Court, Shivamogga to VI Additional Principal Judge, Family Court at Bengaluru and the wife's petition is C.P.No.409/2024 seeking transfer of M.C.No.5439/2024 filed by the husband for divorce, pending on the file of the VI Additional Principal Judge, Family Court, Bengaluru to the Principal Judge, Family Court at Shivamogga. 2. It is submitted by the learned counsel appearing for the husband that he has to take care of his parents and both of them are suffering with health ailments and he has filed the medical records in support of the same. It is his case that the wife is working in Bangalore. Hence, this Court has directed the wife to file an affidavit in that regard. Affidavit is filed before this Court stating that she is staying at Shivamogga. Earlier, she used to work at Bangalore and at present, she is not working and she has also made certain allegations about how she has been treated. For that, a reply is filed by the learned - 4 - NC: 2025:KHC:14270 CP No. 529 of 2024 C/W CP No. 409 of 2024 counsel appearing for the husband stating that all these allegations are irrelevant and the purpose of filing the affidavit is whether she is working in Bangalore or not and the husband is denying all the allegations that are made in the affidavit. It is also submitted by the learned counsel appearing for the husband that there was an assault on him by the wife and her relatives. In that regard, he has already given a complaint on 02.06.2024 and 15.09.2024. It is submitted that if he goes to Shivamogga to attend the cases, there is threat to his life. It is also submitted that he is ready to pay the travelling expenses for the wife if she travels from Shivamogga to Bangalore. It is submitted that under these circumstances, pending M.C., on the file of the Family Court at Shivamogga will be transferred to the Family Court in Bangalore. 3. Learned counsel appearing for the wife submits that the wife wanted to join the husband and in that regard, when they have approached the husband, the husband has given a complaint at Bangalore. It is submitted that wife is working in Shivamogga and not in Bangalore and in that regard, the affidavit is already placed on record. It is submitted that the distance between both the places is about 300 kms. and it is - 5 - NC: 2025:KHC:14270 CP No. 529 of 2024 C/W CP No. 409 of 2024 difficult for the wife to travel from Shivamogga to Bangalore. It is submitted that the M.C., pending on the file of the Family Court in Bangalore may be transferred to the Family Court at Shivamogga. 4. Having heard the learned counsels on either side, perused the material on record. The husband had filed the M.C. in Bangalore seeking divorce and wife had filed the M.C. seeking Restitution of Conjugal Rights in Shivamogga. Now, she has filed an affidavit before this Court stating that she is not working in Bangalore and she is in Shivamogga staying along with her parents. The distance between both the places is about 300 kms. Further, the contention of the learned counsel appearing for the husband with regard to the threat, it is not at Shivamogga and according to him, it has happened in Bangalore. Hence, the threat perception cannot be a ground not to transfer the case from Bangalore to Shivamogga. Further, the health ailments of the parents are concerned, he will be going to Shivamogga during the course of the day the same time, during the course, he will be away from the office taking care of his professional work. That cannot be a ground not to transfer of case from Bangalore to Shivamogga. - 6 - NC: 2025:KHC:14270 CP No. 529 of 2024 C/W CP No. 409 of 2024 5. Considering the fact that the distance between both the places is about 300 kms. and wife is staying along with parents at Shivamogga, this Court deems it appropriate to pass the following: ORDER i) M.C.No.5439/2024, pending on the file of the VI Addl. Principal Judge, Family Court at Bengaluru is withdrawn and transferred to the Principal Family Court at Shivamogga. ii) The wife shall co-operate with the trial and shall not seek unnecessary adjournments. iii) Accordingly, the petition filed by the wife i.e., C.P.No.409/2024 is allowed. Consequently, the petition filed by the husband i.e., C.P.No.529/2024 is dismissed. iv) All IAs., in this petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE KA ct: BHK