The court may transfer matrimonial proceedings when similar reliefs (such as dissolution of marriage) are sought in different courts, to prevent multiplicity of litigation and ensure the convenience of the parties.

CIVIL PETITION NO. 138 OF 2026

THIS CP IS FILED UNDER SECTION 24 OF CPC PRAYING TO WITHDRAWING THE MATRIMONIAL CASE IN M.C.NO.1633/2024 (ANNEXURE E) PENDING ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, ANEKAL, BENGALURU RURAL, AND TRANSFERRING THE SAME TO THE COURT OF THE PRINCIPAL JUDGE, FAMILY COURT, SHIVAMOGGA, IN THE INTEREST OF JUSTICE AND EQUITY.

THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA

ORAL ORDER

Heard both arguments of the learned counsel for the parties.

The present petition is filed by the wife seeking transfer of M.C. No.163/2024, filed by the husband for dissolution of marriage before the Senior Civil Judge and JMFC, Anekal, Bengaluru Rural, to the Family Court, Shivamogga on 01.08.2024. She has also filed M.C. No.152/2025 seeking dissolution of marriage before the Family Court, Shivamogga, on 24.04.2025. The distance between the two places is approximately 347 kilometres.

The petitioner states that the marriage between the parties was solemnized on 26.12.2021 and that they have no children. It is submitted that M.C. No.163/2024 is at the stage of filing objections though it was insisted prior to M.C.No.152/2025. M.C. No.152/2025 is also at the stage of arguments. However, both proceedings are filed seeking dissolution of marriage and the grounds urged by both parties are one and the same i.e., cruelty and desertion. Therefore, it is for the Family Court to consider whether any further evidence is required after the transfer of the case. The Family Court is specifically directed to dispose of both matters together, as both parties have sought for the relief of dissolution of marriage.

In the result, this Court finds it just and proper to transfer M.C. No.163/2024 from the Court of the Senior Civil Judge and JMFC, Anekal, Bengaluru Rural, to the Family Court and is to be disposed of along with M.C. No.152/2025.

Accordingly, the petition is allowed

Pending IAs' is closed in view of disposal of the main petition.