- 1 - HC-KAR NC: 2025:KHC:24236 CP No. 32 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. 32 OF 2025 BETWEEN: 1. SMT. NANDINI S., W/O VINAY M. R., AGED ABOUT 34 YEARS, R/AT LIG No.6, K. H. B. COLONY, 3RD STAGE, KALKUNIKE, HUNSUR TALUK, MYSORE DSITRICT 571105. …PETITIONER (BY SRI KUMARA K. G., ADVOCATE) AND: 1. SRI VINAY M. R., S/O RAJIV KUMAR T @ KRISHNA, AGED ABOUT 38 YEARS, R/AT DOOR No.366/1, HOOTAGALLI, BELVADI POST, MYSORE DISTRICT 570018. …RESPONDENT (RESPONDENT IS SERVED AND UNREPRESENTED) THIS CIVIL PETITION FILED UNDER SECTION 24 OF THE CIVIL PROCEDURE CODE. 1908 PRAYING TO ORDER FOR TRANSFER OF THE M.C PETITION, WHICH IS PENDING ON THE FILE OF PRINCIPAL JUDGE FAMILY COURT, MYSURU, IN M.C.No.1062/2023 IN THE HON'BLE PRINCIPAL SENIOR CIVIL JUDGE AND JMFC, HUNSUR, IN THE INTEREST OF JUSTICE AND EQUITY. Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:24236 CP No. 32 of 2025 THIS PETITION, COMING ON FOR ADMISSISON 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.1062/2023 pending on the file of the Principal Judge, Family Court, Mysuru to the Court of the Principal Senior Civil Judge and JMFC, Hunsur. 2. It is forthcoming that the marriage between the parties was solemnized on 05.05.2022 and the parties have been living together for some time. However, due to various reasons, the parties have been living separately. The wife has filed Crl.Misc.No.134/2024 under the provisions of the Protection of Women from Domestic Violence Act, 20052 which is pending before the jurisdictional Court at Hunsur. The husband has filed MC No.1062/2023 under Section 13(1)(a) of the Hindu Marriage Act, 1955 seeking for divorce which is pending 1 Hereinafter referred to as ‘CPC’ for short 2 Hereinafter referred to as ‘DV Act’ for short - 3 - HC-KAR NC: 2025:KHC:24236 CP No. 32 of 2025 before the Principal Judge, Family Court, Mysuru. Seeking for transfer of MC No.1062/2023, the present petition is filed. 3. Heard the submissions of Sri. Kumara K. G., learned counsel for the petitioner. Respondent is served and unrepresented. 4. It is the contention of the learned counsel for the petitioner that the wife is staying along with her parents and is dependant on them for her livelihood. That the husband is gainfully employed at Bengaluru and having independent source of income. Hence, he seeks for allowing of the present petition and granting of the reliefs as sought for. 5. Having regard to the fact that it is the contention of the wife that she is staying with her parents and is dependent on them for her livelihood, as also the fact that the husband in any event has to travel to Hunsur for the purpose of contesting Crl.Misc.No.134/2024, keeping in mind the settled proposition of law as held by - 4 - HC-KAR NC: 2025:KHC:24236 CP No. 32 of 2025 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 in the present petition be granted. 6. In view of the aforementioned, the following order is passed: ORDER i. The above petition is allowed; ii. MC No.1062/2023 pending on the file of Principal Judge, Family Court, Mysuru shall stand transferred to the Court of the Principal Senior Civil Judge and JMFC, Hunsur; iii. The petitioner shall appear before the transferee Court on 06.08.2025 without 3 AIR ONLINE 2022 SC 1268 - 5 - HC-KAR NC: 2025:KHC:24236 CP No. 32 of 2025 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.: 46