- 1 - HC-KAR NC: 2025:KHC:24238 CP No. 3 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA CIVIL PETITION No. 3 OF 2025 BETWEEN: 1. SMT. PUSHPA @ PUSHPAVATHI, W/O THIPPESWAMY, D/O VENKATESH, AGED ABOUT 30 YEARS, R/O BANGARAKKANAHALLY VILLAGE, TURUVANURU HOBLI, CHITRADURGA TALUK AND DISTRICT-577517. …PETITIONER (BY SRI. KANTHARAJAPPA M. G., ADVOCATE) AND: 1. THIPPESWAMY K. S., S/O SRINIVASA S., AGED ABOUT 35 YEARS, R/AT No.462, 1ST MAIN, 4TH CROSS, PANCHASHEELANAGAR, MUDALAPALYA, BENGALURU NORTH, NAGARABHAVI, BENGALURU-560072. …RESPONDENT (RESPONDENT SERVED AND UNREPRESENTED) THIS CP FILED UNDER SECTION 24 OF CPC PRAYING TO WITHDRAW THE MC No.6649/2024 FROM THE FILE OF THE III ADDITIONAL PRL. JUDGE, FAMILY COURT AT BENGALURU AND TRANSFER THE SAME TO THE PRINCIPAL JUDGE, FAMILY Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:24238 CP No. 3 of 2025 COURT AT CHITRADURGA, BY ALLOWING THIS PETITION IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE C.M. POONACHA ORAL ORDER The present petition is filed by the wife under Section 24 of the Code of Civil Procedure, 19081 seeking for transfer of MC No.6649/2024 pending on the file of the III Additional Principal Judge, Family Court, Bengaluru to the Court of the Principal Judge, Family Court, Chitradurga. 2. It is forthcoming that the marriage between the parties was solemnized on 13.05.2018 and a daughter was born to the parties on 23.04.2020 from their wedlock. That the parties were living together for some time. However, due to various reasons, the parties have been living separately. 1 Hereinafter referred to as ‘CPC’ for short - 3 - HC-KAR NC: 2025:KHC:24238 CP No. 3 of 2025 3. The husband has filed MC No.6649/2024 under Section 13(1)(1-a)(1-b) of the Hindu Marriage Act, 19552 which is pending before the III Additional Principal Judge, Family Court, Bengaluru. The wife has filed Crl.Misc.No.967/2024 under the provisions of the Protection of Women from Domestic Violence Act, 20053 as well as proceedings under Section 498A of the Indian Penal Code, 1860 in Crime No.15/2024, which proceedings are pending before the Jurisdictional Court at Chitradurga. Seeking for transfer of MC No.6649/2024, the present petitioner is filed. 4. Heard the submissions of Sri. Kantharajappa M. G., learned counsel for the petitioner. Respondent is served and unrepresented. 5. It is contended that the wife is living along with her parents and is dependant on them for the livelihood of herself and the daughter of the parties. That the husband is gainfully employed at Bengaluru and having an independent 2 Hereinafter referred to as ‘HM Act’ for short 3 Hereinafter referred to as ‘DV Act’ for short - 4 - HC-KAR NC: 2025:KHC:24238 CP No. 3 of 2025 source of income. That the distance between the place of residence of wife and Bengaluru is about 320 kms. Hence, it is contended that great hardship will be caused to the wife if she is required to travel to Bengaluru for the purpose of contesting the proceedings initiated by the husband. 6. Having regard to the fact that the wife is staying along with her parents and is dependant on them for the livelihood of herself and the daughter of the parties, since the husband in any event will be required to travel to Chitradurga for the purpose of contesting the proceedings initiated by the wife, keeping in mind the settled proposition of law as held by the Hon’ble Supreme Court in the case of N.C.V. AISHWARYA VS A.S.SARAVANA KARTHIK SHA4 that while considering cases for transfer of matrimonial proceedings, the convenience of wife will have to be given precedence to, it is just and proper that the relief sought in the present petition be granted. 4 AIR ONLINE 2022 SC 1268 - 5 - HC-KAR NC: 2025:KHC:24238 CP No. 3 of 2025 7. In view of the aforementioned, the following order is passed: ORDER i. The above petition is allowed; ii. MC No.6649/2024 pending on the file of III Additional Principal Judge, Family Court, Bengaluru shall stand transferred to the Court of the Principal Judge, Family Court, Chitradurga; iii. The petitioner shall appear before the transferee Court on 04.08.2025 without requirement of any further notice being issued in this regard; iv. Consequent to transfer, the transferee Court shall conduct further proceedings in accordance with law; v. All contentions of the parties are left open. Sd/- (C.M. POONACHA) JUDGE VBS/List No.: 1 Sl No.: 38