- 1 - NC: 2025:KHC:8207 CP No. 294 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA CIVIL PETITION NO. 294 OF 2024 BETWEEN: SRI. DASEGOWDA @ DASAPPA, S/O. NARASHIMAPPA, AGED ABOUT 36 YEARS, R/AT: MADDE VILLAGE, NIDGAL HOBLI, PAVAGADA TALUK, TUMKUR DISTRICT- 572116. AND ALSO RESIDING AT J HOSAHALLI, GOWDIGERE HOBLI, SIRA TALUK PIN - 572 114. …PETITIONER (BY SRI. LAKSHMIKANTH K., ADVOCATE) AND: SMT. GIRIJA W/O DASEGOWDA @ DASAPPA, AGED ABOUT 26 YEARS, R/O HEGGADAHALLI VILLAGE, NANJANAGUDU HOBLI, MYSORE DISTRICT, PIN-571 301. …RESPONDENT (SERVICE OF NOTICE TO RESPONDENT IS HELD SUFFICIENT, V/O. DATED 25.02.2025) THIS CIVIL PETITION FILED UNDER SEC 24 OF CODE OF CIVIL PROCEDURE PRAYING TO PASS THE ORDER TO WITHDRAW THE M.C. NO.1/2024 PENDING BEFORE THE Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8207 CP No. 294 of 2024 SENIOR CIVIL JUDGE AND J.M.F.C AT NANJANAGUDU AND TRANSFER THE SAME TO THE SENIOR CIVIL JUDGE AND J.M.F.C AT SIRA OR ALTERNATIVELY TO PRL. JUDGE FAMILY COURT AT BANGALORE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA ORAL ORDER Heard Sri.Lakshmikanth K., learned counsel for the petitioner. Notice sent to the respondent returned with an endorsement "refused". Service is held sufficient. Respondent called, absent. No representation. Recorded. 2. This is a petition filed seeking the Court to transfer M.C.No.1/2024 which is pending before the Court of Senior Civil Judge, Nanjanagudu to the Court of Senior Civil Judge, Sira. 3. Learned counsel for the petitioner submits that the petitioner is the husband of the respondent. They led happy marital life for some time and gave birth to a child. The respondent who developed illicit intimacy with a man, left the marital home and started living with the said person. She did - 3 - NC: 2025:KHC:8207 CP No. 294 of 2024 not even inform the petitioner about her residential particulars. That apart she left the child also. The child is being taken care of by the petitioner. Learned counsel states that the petitioner filed a petition for restitution of conjugal rights in the year 2023 and the same is pending before the Court of Senior Civil Judge, Sira. On coming to know about filing of the said case, the respondent filed a petition seeking a decree of dissolution of marriage i.e. M.C.No.01/2024 and the said case is pending before the Court of Senior Civil Judge, Nanjanagudu. Learned counsel contends that the petitioner is facing difficulty in attending the Court at Nanjanagudu, as he is under obligation to look after the child who is aged about nine years at present. Therefore, he filed the present petition seeking transfer and hence his request may be considered. 4. The respondent by refusing to receive the notice, failed to contest the matter. Thus, the grounds urged remain unopposed. Also as per the submission that is made by the learned counsel for the petitioner, the petition filed by the petitioner for restitution of conjugal rights is pending at the Court of Senior Civil Judge, Sira. - 4 - NC: 2025:KHC:8207 CP No. 294 of 2024 5. Having considered the grounds urged and as it is felt desirable that both the cases be disposed of by the same Court for just decision, this Court is of the view that the petition is required to be allowed as prayed for. Hence, the following ORDER (i) The petition is allowed. (ii) M.C. No.01/2024 is withdrawn from the Court of Senior Civil Judge, Nanjanagudu and is transferred to the Court of Senior Civil Judge, Sira. (iii) The Court of Senior Civil Judge, Nanjanagudu is directed to transmit the entire record in M.C.No.01/2024 duly indexed to the Court of Senior Civil Judge, Sira, within one week from the date of receipt of copy of this order. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE AP CT:TSM List No.: 1 Sl No.: 3