- 1 - HC-KAR NC: 2025:KHC:40295 CP No. 178 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CIVIL PETITION NO. 178 OF 2025 BETWEEN: SMT.DIVYA VISHWANATH C S AGED 40 YEARS, D/O. RAMACHANDRA K K, WIFE OF SHRI. C.S. VISHWANATH, R/A KALALE VILLAGE, YALASURU HOBLI, SAKALESHPURA TALUK, HASSAN DISTRICT- 570 022. …PETITIONER (BY MS. LAVANYA, ADVOCATE FOR SRI. PALLAVA R., ADVOCATE) AND: 1. SHRI C S VISHWANATH AGED ABOUT 45 YEARS SON OF SHRI. C R SIDDALINGAIAH RESIDING AT NO. 360, B BLOCK, FLAT NO. 201 KORAMANGALA, DHANUSHREE APARTMENT BENGALURU SOUTH BENGALURU - 560 034 2. SHRI. VISHAL J AGED ABOUT 32 YEARS S/O. JAYARAMAN NO 9/199 B TYPE SIDCO NAGAR, 47TH STREET Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:40295 CP No. 178 of 2025 VILLIVAKKAM, TIRUVALLUR TAMIL NADU - 600 049 …RESPONDENTS (BY SRI. MAHESHA N C., ADVOCATE FOR R1; R2 SERVED AND UNREPRESENTED) THIS CP IS FILED UNDER SECTION 24 OF THE CPC, PRAYING TO WITHDRAW M.C.NO.472/2025 PENDING ON THE FILE OF VI ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BENGALURU WHICH IS GIVEN HEREIN AT ANNEXURE A AND TRANSFER THE SAME TO COURT OF THE SENIOR CIVIL JUDGE AND JMFC, SAKALESHPURA, TO TRY AND DISPOSE THE SAME IN ACCORDANCE WITH LAW IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER 1. Heard Ms. Lavanya for Sri. Pallava R., learned counsel for the petitioner and Sri. Mahesha N.C., learned counsel for the petitioners. 2. Petition is filed under Section 24 of the Code of the Civil Procedure with the following prayer: WHEREFORE, it is prayed that this Hon'ble Court be pleased to withdraw M.C. No. 472 / 2025 pending on the file of - 3 - HC-KAR NC: 2025:KHC:40295 CP No. 178 of 2025 VI Addl. Principal Judge, Family Court, Bengaluru which is given herein at ANNEXURE-'A' and transfer the same to Court of the Senior Civil Judge & JMFC, Sakaleshapura, to try and dispose the same in accordance with law in the interest of justice and equity". 3. Petitioner has filed a maintenance petition in Crl.Misc. No.72/2025 which is not stayed by this Court. In the meantime, the respondent has filed a petition for divorce on the file of the Family Court, Bangalore in M.C. No.472/2025. 4. Serious allegations are leveled against the wife by the husband contending that on account of giving birth of a specially able child, the matrimonial relationship is strained between them and wife has eloped with her paramour twice. 5. Under such circumstances, the husband has sought for grant of divorce. 6. Having regard to the huge pendancy of the cases at Family Court, Bangalore, the petition filed before - 4 - HC-KAR NC: 2025:KHC:40295 CP No. 178 of 2025 the before the Sakaleshpura Court in Crl.Misc. No.72/2025 if tried along with M.C.No.472/2025, there is a bright chance of resolution of the dispute between the parties at the earliest having regard to the less pendancy before the Court at Sakaleshpura. 7. However, the objection raised on behalf of the respondent/husband that due to the medical condition of his son, who is a specially-abled child who needs medical help every week, respondent/husband can appear through video conference and participate in the matrimonial proceedings before the Court at Sakaleshpura. 8. However, if any particular hearing with the physical presence of the respondent/husband is necessary, petitioner/wife shall meet the bus charges for that particular hearing as she is availing benefit of transfer. - 5 - HC-KAR NC: 2025:KHC:40295 CP No. 178 of 2025 9. With that condition, following Order ORDER Civil Petition is disposed off. M.C. No.472/2025 is hereby withdrawn from the Family Court, Bengaluru and transferred to the Court at Sakaleshpura, to be tried along with Crl.Misc. No.72/2025. Sd/- (V SRISHANANDA) JUDGE SNC List No.: 1 Sl No.: 53