- 1 - NC: 2025:KHC-D:4122 CP No. 100268 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 3RD DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH CIVIL PETITION NO. 100268 OF 2024 (-) BETWEEN: MR. VINAYAK RAMACHANDRA BHAT, S/O. RAMACHANDRA BHAT, AGED ABOUT 32 YEARS, RESIDING AT:NO.419C-3G, GROUND FLOOR, 3G CROSS, EAST OF NGEF LAYOUT, RAMAMURTHY NAGAR, BENGALURU-560016 ALSO AT: NO.54C, SAVAGADDE ROAD, GANAPATHI TEMPLE CHAVADIMULE, AGGASHIMANE, YELLAPUR, ANGOD, UTTARA KANNADA-581359. …PETITIONER (BY SRI. CLIVE JOHNS QUADROS VIOLA RODRIGUES, ADVOCATE APPEAR THROUGH VC) AND: MS. SWATI S. BHAT W/O. VINAYAK BHAT, D/O. SHREEDHAR BHAT, AGED 28 YEARS, R/AT. H.NO.418, 5TH CROSS, VINAYAKA NAGAR, AGASANDRA POST, BENGALURU-560073, ALSO AT: C/O. PRASHANTH G. KOTEMANE, DEHALLI POST, YELLAPUR TALUKA, UTTARA KANNADA-581359. …RESPONDENT (BY SRI. VENKATESH M. KHARVI & SMT. DIVYA P. ACHARI, ADVOCATE) MOHANKUMAR B SHELAR Digitally signed by MOHANKUMAR B SHELAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:4122 CP No. 100268 of 2024 THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CPC, PRAYING TO TRANSFER THE PETITION IN M.C.NO.34/2024 FILED BY THE RESPONDENT AGAINST THE PETITIONER PENDING BEFORE THE HON’BLE SENIOR CIVIL JUDGE AND PRINCIPAL JUDICIAL MAGISTRATE FIRST CLASS, YELLAPUR, UTTARA KANNADA DISTRICT TO PRINCIPAL JUDGE, FAMILY COURT, BENGALURU TO TRY THE SAME IN ACCORDANCE WITH LAW; ALLOW THIS CIVIL PETITION GRANT SUCH OTHER RELIEF AS HIS HON’BLE COURT DEEMS FIT IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: THE HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER 1. This petition is filed under Section 24 of CPC seeking transfer of M.C.No.34/2024 filed by the respondent against the petitioner pending considering before the Senior Civil Judge and Principal JMFC, Yellapur, Uttara Kannada District to the competent Family Court at Bangalore. 2. It is submitted by the learned counsel appearing for the petitioner by referring to the cause title in M.C.No.34/2024 filed by the respondent herein that the respondent herein is residing at Bangalore and therefore there is no impediment for this Court to transfer M.C.No.34/2024 to the competent Family Court at - 3 - NC: 2025:KHC-D:4122 CP No. 100268 of 2024 Bengaluru since the petitioner is also residing at Bengaluru. 3. Per contra, Sri.Venkatesh M Kharvi, learned counsel appearing for the respondent submitted that the respondent herein is residing in Dehalli, Yellapur taluk and not at Bangalore and therefore he contended that hardship will be caused to the respondent herein in the event M.C.No.34/2024 is transferred to the competent Family Court at Bangalore. 4. In the light of the submission made by the learned counsel appearing for the parties, M.C.No.34/2024 is filed by the respondent herein seeking dissolution of marriage. The cause title in the petition reads as under: “Smt. Swati w/o Vinayak Bhat D/o Shreedhar Bhat Age: 28 Years, Occn: Household R/o: C/o Prashant G Kotemane, Post: Dehalli, Yellapur Taluka, District: Uttar Kannada, Now residing at H.No.418 5th cross Vinayak Nagar, Agasandra Post, Bangalore 560073” (emphasis supplied) - 4 - NC: 2025:KHC-D:4122 CP No. 100268 of 2024 5. Perusal of the cause title would indicate that the respondent is residing at Bangalore and the said petition is supported by affidavit. Today, learned counsel appearing for the respondent has filed statement of objection and in the said verifying affidavit also, the address in the first two lines shows that the respondent herein is residing at Dehalli, Yellapur taluka, however the remaining two lines have been removed by whitener and corrections have been made, as it is forthcoming from the verifying affidavit filed by the respondent herein. 6. In that view of the matter, though the learned counsel appearing for the respondent has filed a document to the effect that the respondent herein has completed her computer course during December 2024 at Yellapur, however, the same cannot substitutes her in the affidavit filed in M.C.No.34/2024 stating that the respondent is residing at Bangalore. 7. In that view of the matter I find force in the submission made by the learned counsel appearing for the - 5 - NC: 2025:KHC-D:4122 CP No. 100268 of 2024 petitioner as both the petitioner and respondent are residing at Bangalore and therefore M.C.No.34/2024 filed by the respondent against the petitioner herein pending consideration before the Senior Civil Judge and Principal JMFC, Yellapur, Uttara Kannada District is hereby withdrawn and transferred to the competent Family Court at Bangalore forthwith. 8. Accordingly, the petition is allowed. Sd/- (E.S.INDIRESH) JUDGE SH CT-MCK List No.: 1 Sl No.: 32