- 1 - HC-KAR NC: 2025:KHC:25580 CP No. 5 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA CIVIL PETITION NO. 5 OF 2025 BETWEEN: SMT. MALATHI W/O SOMASHEKARA A., D/O CHOMA, AGED ABOUT 23 YEARS, PRESENT R/AT BOODUJALU HOUSE, NIDLE VILLAGE, BELTHANGADY TALUK, DAKSHINA KANNADA DISTRICT-574 216. …PETITIONER (BY SRI. ABHIJITH M.M., ADVOCATE) AND: SRI. SOMASHEKARA. A S/O ABBAYYAPPA, AGED ABOUT 30 YEARS, R/AT GARUDA KEMPANAHALLI VILLAGE, BALAMANDE POST, BANGARPETE TALUK, KOLAR DISTRICT-563 129. …RESPONDENT (BY SRI. SRINIVASA T S., ADVOCATE) THIS CIVIL PETITION IS FILED U/S. 24 OF CPC 1908, PRAYING TO TRANSFER THE M.C. NO. 200/2024 THAT IS PENDING ON THE FILE OF THE LEARNED SENIOR CIVIL JUDGE AND CJM AT BANGARPET TO THE LEARNED PRINCIPAL SENIOR CIVIL JUDGE AND JMFC AT BELTHANGADY WHERE IN M.C. NO. 75/2024 IS PENDING 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 Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:25580 CP No. 5 of 2025 ORAL ORDER The present petition is filed by the wife under Section 24 of the Code of Civil Procedure, 19081 seeking for the transfer of MC.No.200/2024 pending on the file of the Additional Senior Civil Judge and JMFC, KGF, Kolar to the Court of the Principal Senior Civil Judge and JMFC, Belthangady. 2. For the sake of convenience, the parties herein are referred to as per their relationship. 3. It is forthcoming that the marriage between the parties was solemnized on 10.12.2020 and a son was born to the parties on 17.07.2022. That the parties lived together sometime. However, due to various reasons parties have been residing separately. 4. The petitioner - wife has filed MC.No.75/2024 under Section 13(1)(ia) of the Hindu Marriage Act, 19552, which is pending before the Principal Senior Civil Judge and JMFC, Belthangady, seeking for divorce. The respondent - husband has filed M.C.No.200/2024 under Section 9 of the HM Act, 1 Hereinafter referred to as 'CPC' 2 Hereinafter referred to as the 'HM Act' - 3 - HC-KAR NC: 2025:KHC:25580 CP No. 5 of 2025 1955, which is pending before the Additional Senior Civil Judge and JMFC, KGF, Kolar seeking for restitution of conjugal rights. Seeking for transfer M.C.No.200/2024, the present petition is filed. 5. Heard the submissions of the learned counsel Sri.Abhijith.M.M., appearing for the petitioner - wife. 6. It is the contention of the learned counsel for the petitioner - wife that the son of the parties is residing along with the wife and that the wife is dependent on her parents for the livelihood of herself and the son of the parties. It is further contended that the husband is gainfully employed having independent source of income and he is financially well settled. Hence, he seeks for allowing of the present petition and granting of the reliefs sought for. 7. Having regard to the fact that the son of the parties is staying along with the wife, as also the contention of the petitioner that she is dependent on her parents for the livelihood of herself as well as the son of the parties, since the respondent - husband is gainfully employed and having independent source of income, as also since the husband, in - 4 - HC-KAR NC: 2025:KHC:25580 CP No. 5 of 2025 any event will be required to travel to Belthangady for the purpose of contesting MC.No.75/2024 is filed 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 SHA3 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 for in the present petition be granted. 8. In view of the aforementioned, the following order: ORDER i. The above petition is allowed; ii. MC.No.200/2024 pending on the file of the Additional Senior Civil Judge and JMFC, KGF, Kolar, shall stand transferred to the Court of the Principal Senior Civil Judge and JMFC, Belthangady to be tried along with MC No. 75/2024; iii. The parties shall appear before the learned Principal Senior Civil Judge and JMFC, 3 AIR ONLINE 2022 SC 1268 - 5 - HC-KAR NC: 2025:KHC:25580 CP No. 5 of 2025 Belthangady on 31.07.2025 without the 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 BKN/List No.: 1 Sl No.: 40