- 1 - NC: 2025:KHC:4215 CP No. 536 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR CIVIL PETITION NO.536 OF 2024 BETWEEN: SMT.SHEETHAL SHRINIVAS PRABHU D/O.LATE SHRINIVAS ANANTH PRABHU AGED ABOUT 32 YEARS R/AT NO.44/1 MISSION COMPOUND 1ST CROSS SHIVAMOGGA-571 401 …PETITIONER (BY SRI ABHISHEK SHETTY, ADVOCATE) AND: SRI DEEPAK M. KINI KOTA S/O.MANJUNATH RAO K. AGED ABOUT 37 YEARS R/AT NO.1623 6TH MAIN ROAD, 'E' BLOCK RAJAJINAGAR 2ND STAGE BENGALURU-560 010 …RESPONDENT (BY SMT.S.K.PRATHIMA, ADVOCATE) THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CPC PRAYING TO TRANSFER THE PROCEEDINGS IN MC.NO.6783/2024 WHICH IS PENDING ON THE FILE OF V ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BENGALURU FILED BY THE RESPONDENT TO THE PRINCIPAL JUDGE, FAMILY COURT, SHIVAMOGGA AND ETC. Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:4215 CP No. 536 of 2024 THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE PRADEEP SINGH YERUR ORAL ORDER This petition is preferred by the wife seeking transfer of matrimonial proceedings filed by the respondent- husband in MC.No.6783/2024 filed for dissolution of marriage pending on the file of V Additional Principal Judge, Family Court at Bengaluru to the Principal Judge, Family Court at Shivamogga. 2. It is the contention of learned counsel for petitioner-wife that the petition preferred by the husband is at Bengaluru, which is about six hours travel from Shivamogga. It is contended that the professional obligations of the petitioner-wife constrained her from attending the Court proceedings in Bengaluru. It is also contended that the petitioner-wife is the sole care taker of her mother, whose health requires constant monitoring and care, for which the petitioner cannot delegate anyone. It is also contended that the petitioner is not in a better - 3 - NC: 2025:KHC:4215 CP No. 536 of 2024 financial condition to bear frequent travel and other expenses to Bengaluru. Therefore, it would cause difficulty and hardship to the petitioner-wife to travel from Shivamogga to Bengaluru. Hence, she seeks to transfer the petition filed by the respondent-husband before the Family Court at Bengaluru to the Family Court at Shivamogga. 3. It is also contended by learned counsel for petitioner that the petitioner-wife has preferred a petition in MC.No.366/2024 pending on the file of the Principal Judge, Family Court, Shivamogga under Section 9 of the Hindu Marriage Act, 1955 seeking restitution of conjugal rights. 4. Smt.S.K.Prathima, learned counsel, who has filed vakalath today on behalf of the respondent-husband through his Special Power of Attorney Holder, submits that she has no objection in the petition being allowed. - 4 - NC: 2025:KHC:4215 CP No. 536 of 2024 5. In view of the above, I do not find any legal impediment to transfer the case pending before the Family Court at Bengaluru in MC.No.6783/2024 to the Family Court at Shivamogga for adjudication. It is also apparently seen that less amount of hardship would be caused to the respondent-husband in travelling to Shivamogga to attend the aforesaid cases rather than the wife attending the case at Bengaluru preferred by the respondent-husband. Accordingly, I proceed to pass the following: ORDER i) The petition is allowed; ii) The matrimonial proceedings in MC.No.6783/2024 filed for dissolution of marriage by the respondent-husband pending on the file of V Additional Principal Judge, Family Court at Bengaluru, is ordered to be transferred to the Principal Judge, Family Court at Shivamogga and the same to be tried along with MC.No.366/2024, which is preferred by - 5 - NC: 2025:KHC:4215 CP No. 536 of 2024 the wife pending before the Principal Judge, Family Court at Shivamogga. Sd/- (PRADEEP SINGH YERUR) JUDGE LB List No.: 3 Sl No.: 11