- 1 - HC-KAR NC: 2025:KHC-D:16574 CP No. 100190 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 27TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE C M JOSHI CIVIL PETITION NO. 100190 OF 2025 BETWEEN: NAYANA W/O. VEERABHADRAPPA K.B BEFORE MARRIAGE POOJA @ NAYANA D/O. BASAPPA THIRLAPURA, AGE: 26 YEARS, OCC. HOMEMAKER, R/O. NEELAGUNDA VILLAGE, TQ. AND DIST. GADAG - 582117. …PETITIONER (BY SRI. PARASHURAM C. SAJJANAR, ADVOCATE) AND: VEERABHADRAPPA K.B S/O. B. SIDRAMESHA, AGE: 32 YEARS, OCC. PVT SERVICE, R/O. SASALAVADA VILLAGE, TQ. KUDLIGI, DIST. VIJAYANAGARA - 583 135. …RESPONDENT (RESPONDENT-NOTICE SERVED) THIS CIVIL PETITION IS FILED U/SEC. 24 OF CPC, PRAYING TO PASS AN ORDER OF TRANSFERRING MATRIMONIAL CASE BEARING M.C. NO.72/2025 PENDING ON THE FILE OF THE HON’BLE SENIOR CIVIL JUDGE AND JMFC COURT KUDLIGI TO HON’BLE I ADDL. PRINCIPAL JUDGE, FAMILY COURT GADAG IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS PETITION, COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER: YASHAVANT NARAYANKAR Digitally signed by YASHAVANT NARAYANKAR Date: 2025.11.28 10:39:55 +0530 - 2 - HC-KAR NC: 2025:KHC-D:16574 CP No. 100190 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE C M JOSHI) Heard the learned counsel appearing for the petitioner. 2. The respondent has remained unrepresented despite service of notice. 3. Petitioner is the wife of the respondent. The respondent has filed M.C.No.72/2025 before the learned Senior Civil Judge and J.M.F.C., Court, Kudligi for divorce. It is submitted that the petitioner has filed a petition for restoration of conjugal rights in M.C.No.168/2025 before the learned I Additional, Family Court, Gadag. Therefore, she is seeking transfer of M.C.No.72/2025 before the learned I Additional Principal Judge, Family Court, Gadag. 2. This Court in the case Smt. M. V. Rekha v. Sri Sathya @ Suraj1 at Paragraph No.15 has held as hereunder: "The cardinal principle for exercise of power under Section 24 of the Code of Civil Procedure is that ends of justice demand the transfer of the suit, appeal or other proceeding. In matrimonial 1 ILR 2010 KAR 5407 - 3 - HC-KAR NC: 2025:KHC-D:16574 CP No. 100190 of 2025 matters, wherever Courts are called upon to consider the plea of transfer, the Courts have to take into consideration the economic soundness of either of the parties, the social strata of the spouses and behavioural pattern, their standard of life antecedent to marriage and subsequent thereon and the circumstances of either of the parties in eking out their livelihood and under whose protective umbrella they are seeking their sustenance to life. Generally, it is the wife's convenience which must be looked at while considering transfer. Further, when two proceedings in different Courts which raise common question of fact and law and when the decisions are interdependent, it is desirable that they should be tried together by the same Judge so as to avoid multiplicity in trial of the same issues and conflict of decisions (See Smt.NandaKishori v. S.B.Shiua Prakash AIR 1993 Kar 87, Sumita Singh v. Kumar Sanjay and Anr. AIR 2002 SC 396 and Smt.Swarna Gouri v. Sri Vinayak Pujar ILR 2007 Kar 4561)." (emphasis supplied) 3. In view of the same, it would be appropriate to transfer both the petitions to one and the same Court. Hence, Hence, the following: - 4 - HC-KAR NC: 2025:KHC-D:16574 CP No. 100190 of 2025 ORDER i) The petition is allowed. ii) The petition in M.C.No.72/2025 pending before the learned Senior Civil Judge and J.M.F.C., Court, Kudligi is hereby withdrawn and transferred to the learned I Additional Principal Judge, Family Court, Gadag where M.C.No.168/2025 is pending for disposal in accordance with law. iii) Intimate both the Courts accordingly. SD/- (C M JOSHI) JUDGE SSP CT:PA LIST NO.: 1 SL NO.: 29