SMT. MEGHA B. S v. COURT OF KARNATAKA

SMT. MEGHA B. S., AGED ABOUT 27 YEARS, W/O. SRI. BASAYYA HIREMATH, D/O. BASAYYA S. S, R/AT NO 32, 13TH CROSS, NEAR SURYA NILAYA APARTMENT, SARAKKI GATE, J. P. NAGAR, 1ST PHASE, BENGALURU-560 078. (BY SMT. RACHITA NANAIAH M.,ADVOCATE) AND: AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA SRI. BASAYYA HIREMATH, AGED ABOUT 37 YEARS, S/O SRI HALAYYA HIREMATH, R/AT MELMATHA, NEAR GOVT. SCHOOL, RON TALUK, GADAG DISTRICT-582 101 …PETITIONER …RESPONDENT (BY SRI. B.V. MANJEGOWDA, ADVOCATE FOR SRI. CHANDRASHEKARA K. A.,ADVOCATE) THIS CIVIL PETITION FILED UNDER SECTION 24 OF CPC 1908, PRAYING TO ALLOW THE PETITION AS PRAYED FOR AND TRANSFER THE CASE IN MC. NO.37/2023, PENDING ON THE FILE OF THE HONBLE SENIOR CIVIL JUDGE AND JMFC, RON, TO THE HONBLE PRINCIPAL JUDGE, FAMILY COURT, AT BENGALURU. - 2 - NC: 2025:KHC:287 CP No. 350 of 2024 THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA ORAL ORDER Heard Sri. Prabhu Goud Tumbogi, learned counsel who represents Smt. Rachita Nanaiah.M, learned counsel on record for the petitioner as well as Sri.B.V.Manjegowda who represents Sri. Chandrashekara.K.A, learned counsel on record for the respondent.

#2. This is a petition filed seeking transfer of M.C.No.37/2023 which is pending before the Court of Senior Civil Judge, Ron to the Court of Principal Judge, Family Court, Bengaluru.

#3. Learned counsel for the petitioner submits that the petitioner and the respondent are wife and husband. They gave birth to a female child and the said child is aged about 5 years at present. The child is under the care and custody of the petitioner. The respondent filed a petition - 3 - NC: 2025:KHC:287 CP No. 350 of 2024 for restitution of conjugal rights and the same was dismissed. Subsequently, the respondent filed a petition that is M.C.No.37/2023 for grant of divorce and the same is pending before the Court of Senior Civil Judge, Ron. The distance between Ron and Bengaluru is 421 Kms. The petitioner is facing much difficulty to travel such long distance along with the child and to attend the Court on each and every date of adjournment. Therefore, the petitioner moved the present petition seeking for transfer of the case.

#4. Learned counsel representing the respondent states that having considered the inconvenience projected by the petitioner, the respondent reported no objection to effect such transfer so as to accommodate the petitioner.

#5. Having considered the submission thus made, the petition is disposed of with the following: ORDER (i) The Petition is allowed. - 4 - NC: 2025:KHC:287 CP No. 350 of 2024 (ii) M.C.No.37/2023 which is pending before the Court of Senior Civil Judge, Ron is withdrawn and transferred to the Court of Principal Judge, Family Court, Bengaluru. (iii) The Court of Senior Civil Judge, Ron is directed to transmit the entire records duly indexed to the Court of Principal Judge, Family Court, Bengaluru within a week from the date of receipt of copy of this order. (iv) Both the parties are directed to appear before the Court of Principal Judge, Family Court, Bengaluru on 25.02.2025. Issuance of further notice to the parties is not required. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE NS CT:TSM List No.: 1 Sl No.: 36