- 1 - HC-KAR NC: 2026:KHC:4023 CP No. 348 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JANUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA CIVIL PETITION NO. 348 OF 2025 BETWEEN: SMT.YASHODHA H N W/O SHASHIDHARA D/O NARASIMHAMURTHY AGED ABOUT 23 YEARS R/AT HARTHI VILLAGE KASABA HOBLI MAGAI VILLAGE RAMANAGARA DIST 562 120 …PETITIONER (BY SRI. MANOHAR V., ADVOCATE) AND: SRI.SHASHIDHARA B D S/O DHANANJAYA AGED ABOUT 29 YEARS R/AT BYARAGANAHALLI SHETTIKERE HALLI C N HALLI 578 814 …RESPONDENT (BY SRI. BALAKRISHNA SHASTRY G., ADVOCATE) THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF THE CIVIL PROCEDURE CODE. 1908., PRAYING TO WITHDRAW MC NO.23/2025 PENDING BEFORE THE SENIOR CIVIL JUDGE AT CHIKKANAYAKANAHALLI, PRODUCED AT ANNEXURE - A TRANSFER THE SAME TO PRL. SENIOR CIVIL JUDGE AT MAGADI, TO TRY AND DISPOSE OFF IN ACCORDANCE WITH LAW AND PASS SUCH OTHER ORDERS THAT THIS HONBLE COURT DEEMS FIT TO GRANT IN THE FACTS AND Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:4023 CP No. 348 of 2025 CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL ORDER This Court has recalled the order dated 11.12.2025 by allowing IA No.2/2026 and finds it reasonable to hear and dispose of the matter on merits. 2. This petition is filed by the wife seeking transfer of MC No.23/2025 filed by respondent/husband for restitution of conjugal rights pending before the Senior Civil Judge & JMFC, Chikkanayakanahalli to Prl. Senior Civil Judge, Magadi as she was residing with her parents at Magadi. 3. Learned counsel for the petitioner submits that the petitioner/wife has filed the instant petition seeking transfer of the aforesaid case to Magadi from Chikkanayakanahalli. The distance between Magadi and Chikkanayakanahalli is around 107 kms. He further submits that the petitioner/wife cannot travel without - 3 - HC-KAR NC: 2026:KHC:4023 CP No. 348 of 2025 assistance of somebody to attend the proceedings in MC No.23/2025 at Chikkanayakahalli. On all these grounds, he prayed to allow the petition. 5. In response, learned counsel for respondent objects to the same and contended that the distance is not much for the petitioner/wife to travel to attend the proceedings and they don't have any children. Moreover, the respondent/husband is residing at Chikkanayakanahalli and as such, he has filed application before the concerned Court. 6. Heard the arguments on both sides. 7. In civil proceedings, parties can submit evidence through affidavits, which serve as the examination-in-chief, as per Order XVIII Rule 4 of the Code of Civil Procedure (CPC) and the Court can appoint a Commissioner to cross-examine the deponent. Therefore, this Court finds that there are no sufficient grounds to transfer the application in MC No.23/2025 from Senior - 4 - HC-KAR NC: 2026:KHC:4023 CP No. 348 of 2025 Civil Judge & JMFC, Chikkanayakanahalli to Prl. Senior Civil Judge, Magadi. Accordingly, the petition is dismissed. Sd/- (P SREE SUDHA) JUDGE SSD List No.: 1 Sl No.: 8