- 1 - NC: 2025:KHC:8216 CP No. 470 of 2022 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. 470 OF 2022 BETWEEN: SMT. SANGEETHA SINGH, W/O. HAMSARAJ SINGH S., AGED ABOUT 28 YEARS, R/AT KASRAGUPPE VILLAGE, BANNERGHATTA POST, JIGANI HOBLI, ANEKAL TALUK, BENGALURU - 560 083. …PETITIONER (BY SMT. ROOPAVATHY M.H., ADVOCATE FOR SRI. VINAYACHANDRA, ADVOCATE) AND: HAMSARAJ SINGH S., S/O. LATE SHAMSINGH, AGED ABOUT 39 YEARS, R/AT NO 105, TUMAKURU SHAMA RAO ROAD, SEEGEHATTI, SHIVAMOGGA CITY, SHIVAMOGGA - 577 202. …RESPONDENT (BY SRI. RAMACHANDRA N. MURNAL, ADVOCATE) THIS CIVIL PETITION UNDER SEC.24 OF CPC 1908, PRAYING TO TRANSFER M.C.NO. 109/2022 ON THE FILE OF PRINCIPAL JUDGE FAMILY COURT AT SHIVAMOGGA, TO THE HONBLE PRINCIPAL CIVIL JUDGE AND JMFC, ANEKAL. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8216 CP No. 470 of 2022 CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA ORAL ORDER Heard Ms.Roopavathy who represents Sri.Vinaychandra learned counsel on record for the petitioner. Also heard Sri.Ramachandra.N Murnal learned counsel for the respondent. 2. This is a petition filed seeking the Court to transfer MC No.109/2022 which is pending before the Court of Principal Judge, Family Court, Shivamogga to the Court of Senior Civil Judge, Anekal. 3. Learned counsel for the petitioner submits that the petitioner is the legally wedded wife of the respondent. Their lawful wedlock resulted in birth of a child and the said child is aged around 10 years as of now. The petitioner is residing in Anekal Taluk and the welfare of the petitioner and the child are being looked after by her parents. The respondent filed a petition seeking a decree of divorce i.e., M.C.No.109/2022 and the same is pending before the Court of Principal Judge, Family Court, Shivamogga. The distance between the place where the petitioner resides and Shivamogga, where the case is pending, is around 360 kms. The petitioner has to travel for about 7 - 3 - NC: 2025:KHC:8216 CP No. 470 of 2022 hours to reach the said place. The petitioner is facing much difficulty to take up travel that too with the child to attend the Court on each and every date of adjournment. Therefore, considering her request, the case as prayed for may be transferred. 4. The submission that is made by learned counsel for the respondent on the other hand is that the respondent served in military and retired from service in the year 2021. The respondent is suffering from different kind of ailments and therefore, he cannot take up travel. Further, the respondent is under obligation to look after his aged mother. Learned counsel also states that though the respondent made a proposal for amicable settlement and offered a sum of Rs.12,00,000/- towards the maintenance of the petitioner as well as the child, the petitioner did not come forward for such settlement and thus, the petition is not maintainable. 5. It is not in dispute that the petitioner is looking after the welfare of the child born out of lawful wedlock. Also, it is not in dispute that the said child is aged around 10 years at present. Though learned counsel for the respondent during the - 4 - NC: 2025:KHC:8216 CP No. 470 of 2022 course of his submission brought to the notice of this Court, the opinion of the specialist which is shown as Annexure-H of the statement of objections filed, the said opinion reveals that the respondent was advised surgery, but the respondent expressed his unwillingness and therefore, he was managed conservatively. The said report is of the year 2019. There is no material on record to show that the respondent is suffering from acute health disorder or any ailment as of now. 6. The grounds urged and projected by the petitioner forms sufficient cause to grant the relief claimed. Also having considered the aspect of welfare of the child, this Court is of the view that the relief sought for is required to be granted. Thus, the following: ORDER (i) The petition is allowed. (ii) M.C.No.109/2022 which is pending before the Court of Principal Judge, Family Court, Shivamogga is withdrawn and is transferred to the Court of Senior Civil Judge, Anekal. (iii) The Court of Principal Judge, Family Court, Shivamogga is directed to transmit the entire - 5 - NC: 2025:KHC:8216 CP No. 470 of 2022 record in MC No.109/2022 duly indexed to the Court of Senior Civil Judge, Anekal within one week from the date of receipt of copy of this order. (iv) Parties to the proceedings are directed to make their appearance before Court of Senior Civil Judge, Anekal on 16.04.2025. (v) Issuance of further notice is not required. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE DS CT:TSM List No.: 1 Sl No.: 18