Chaitra Vs Girish Chunchan S

GIRISH CHUNCHAN S S/O LATE SRIKANTASWAMY S.G, AGED ABOUT 45 YEARS, R/AT NO. 418/4, 12TH A MAIN ROAD, 4TH CROSS, A SECTOR, YELAHANKA NEW TOWN, BENGALURU - 560 064.

¶15

…RESPONDENT

¶16

(BY SRI. AKSHAY SWAMY, ADVOCATE)

¶17

THIS CP IS FILED U/S. 24 OF CPC PRAYING TO ISSUE DIRECTIONS TO TRANSFER THE MC NO. 175/2024 ON THE FILE OF THE PRINCIPAL JUDGE, FAMILY COURT, AT BENGALURU TO THE HONBLE SENIOR CIVIL JUDGE AND JMFC, FAMILY COURT AT MANDYA TO BE TAKEN UP ALONGWITH MC NO. 148/2023 FILED BY THE PETITIONER, IN THE INTEREST OF JUSTICE AND EQUITY.

¶18

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

¶19

2 -

¶20

NC: 2026:KHC:7715 CP No. 15 of 2026

¶21

HC-KAR

¶22

CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA

¶23

ORAL ORDER

¶24

This Civil Petition is filed by the wife (Petitioner herein) seeking transfer of M.C. No. 175/2024, filed by her husband for the dissolution of marriage on 06.01.2024, from the Principal Judge, Family Court at Bangalore, to the Senior Civil Judge and JMFC, Mandya, as she also filed M.C.No.148/2023 for restitution of conjugal rights on 22.07.2023.

¶25

Learned counsel for the respondent stated that she is working as a Senior Software Engineer at Aviz Networks India Private Limited, Hyderabad since 16.11.2022 but she is doing work from home as per the certificate given by them and thus, she is residing in Mandya along with her parents. He further stated that initially, she stated that she is depending upon them but she is also working and earning Rs.1,00,000/per month and the relevant records are filed to that effect.

¶26

It is further stated that the respondent is presently working as a Regional Bank Manager at Siddipet in Telangana. When the said fact was revealed in a counselling proceedings

¶27

3 -

¶28

NC: 2026:KHC:7715 CP No. 15 of 2026

¶29

HC-KAR

¶30

conducted in divorce case in M.C.No.175/2024, she filed this transfer application.

¶31

It is also stated that divorce application is coming up for petitioner's evidence. But in restitution of conjugal rights it is coming up for cross examination of respondent. It is stated that the respondent is residing with his mother who is suffering from uterus cancer at Siddhipet and the distance from Siddhipet to Bangalore is 796 kilometres and the distance from Siddipet to Mandya is 801 kilometres. As such, it is inconvenient for him to travel all the way to Mandya to attend the said case.

¶32

Admittedly, restitution of conjugal rights is filed prior to filing of the divorce petition and it is at the stage of respondent's evidence. The petitioner also filed the medical records pertaining to the year 2021, as such, it cannot be considered for the present transfer application.

¶33

Admittedly, both the restitution of conjugal rights and divorce have to be decided together by one Court by

¶34

4 -

¶35

NC: 2026:KHC:7715 CP No. 15 of 2026

¶36

HC-KAR

¶37

clubbing both of them. Otherwise, it leads to conflicting of judgments by two different Courts.

¶38

Admittedly, restitution of conjugal rights was filed prior and later, divorce petition was filed. Moreover, it is at the stage of respondent's cross-examination. Therefore, this Court finds it reasonable to transfer the divorce application filed by husband in M.C. No. 175/2024 from the Principal Judge and Family Court at Bangalore to Senior Civil Judge and JMFC Family Court at Mandya to try along with restitution of conjugal rights . However, respondent's husband is at liberty to file the chief affidavit for chief examination and his cross examination can be conducted either through video conferencing or by appointment of an advocate commissioner according to the convenience of the parties and he need not be compelled to attend all the adjournments and his counsel can be represented before the concerned Court and his presence can be dispensed with unless there is actual requirement of his presence.

¶39