IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 4^TH DAY OF AUGUST, 2022

BEFORE

THE HON’BLE MR. JUSTICE E.S.INDIRESH

CIVIL PETITION NO.34 OF 2022

BETWEEN

SMT. ASHWINI NAIK

W/O. UPENDRA KUMAR NAIK

AGE 36 YEARS,

R/O. ARMANE NILIYA, 13TH CROSS,

2ND STAGE, 60 FEET ROAD,

VINOBANAGARA,

SHIVAMOGGA-577201.

...PETITIONER

(BY SRI. SANDESH P.NADIGER, ADVOCATE)

AND

SRI. UPENDRA KUMAR NAIK

S/O. LATE SHANKAR NAIK

AGE: 42 YEARS,

R/O. #24 BHEEMABHARANI LAYOUT,

MARATI KYATHANAHALLI VILLAGE,

JAIPURA HOIBLI,

TAL & DIST: MYSURU-570026.

….RESPONDENT

(BY SRI.KASHINATH. J.D, ADVOCATE)

THIS CIVIL PETITION IS FILED UNDER SEC.24 OF CPC,

PRAYING

TO

TRANSFER

THE

PROCEEDINGS

IN

M.C.NO.

392/2020 PENDING ON THE FILE OF THE JUDGE, FAMILY

COURT, MYSUUR, TO THE FAMILY COURT, SHIVAMOGGA TO

MEET THE ENDS OF JUSTICE AND EQUITY AND ETC.,

2

THIS PETITION COMING ON FOR ADMISSION THIS DAY,

THE COURT MADE THE FOLLOWING:

ORDER

This petition is filed by the petitioner seeking transfer of

MC.No.392/2020 pending consideration before the I Additional

Principal Judge, Family Court Mysuru to the competent Family

Court at Shivamogga.

2.

Heard, learned counsel appearing for the parties.

3.

It is submitted by the learned counsel appearing for

the petitioner, that the petitioner herein has to travel more than

250 kilometers to attend the proceedings at Mysuru and it is also

stated that the petitioner herein has filed MC.No.188/2020,

seeking the relief of restitution of conjugal rights under Section 9

of Hindu Marriage Act and the said petition is pending

consideration

before

the

competent

Family

Court

at

Shivamogga.

3

4.

In that view of the matter, since the lis between the

parties is relating to resolution of their family dispute, taking into

consideration the hardship that may be caused to the petitioner

herein, MC.No.392/2020 pending consideration before the I

Additional Principal, Family Court, Mysuru is withdrawn and

made over to the competent Family Court at Shivamogga.

Accordingly, the petition is allowed.

Sd/-

JUDGE

PK