- 1 - HC-KAR NC: 2025:KHC:21500 CP No. 66 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE C.M. POONACHA CIVIL PETITION NO. 66 OF 2024 BETWEEN: LATHASHREE W/O ARUN C ,K R NAGARA AGED ABOUT 28 YEARS PRESENT ADDRESS TUMMINAKATTI VILLAGE RANEBENNUR TALUK HAVERI DISTRICT-581115 …PETITIONER (BY SRI. M SHASHIDHARA, ADVOCATE) AND: ARUN C AGED ABOUT 32 YEARS V V ROAD KERALAPURA HINDU MILITARY HOTEL OPP.TEACHERS BHAVANA K R NAGARA TOWN K R NAGARA-571602 …RESPONDENT (BY SRI. DILIP K S, ADVOCATE ( VAKALATH NOT FILED)) THIS CIVIL PETITION IS FILED UNDER SEC.24 OF CPC, PRAYING TO TRANSFER THE M.C.NO.56/2023 WHICH IS PENDING BEFORE THE SENIOR CIVIL JUDGE AND JMFC AT KRISHNARAJANAGARA TO THE SENIOR CIVIL JUDGE AND JMFC AT RANEBENNUR IN THE ENDS OF JUSTICE AND ETC. 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:21500 CP No. 66 of 2024 ORAL ORDER The present petition is filed under Section 24 of the Code of Civil Procedure, 19081 by the wife seeking for transfer of MC.No.56/2023 pending on the file of the Senior Civil Judge and JMFC, Krishnarajanagara, to the Court of the Senior Civil Judge and JMFC, Ranebennur. 2. Heard submissions of learned counsel Sri. M Shashidhara appearing for the petitioner. Notice issued to the respondent is served and the respondent is unrepresented. 3. It is forthcoming from the records that the marriage between the parties was solemnized on 03.11.2022 at Visavi Kalayana Mantapa, KR Nagar and the parties were residing together in their matrimonial home for some time. However, due to various reasons, after sometime the parties have been residing separately. 4. The respondent - husband has filed MC.No.56/2023 under Section 9 of the Hindu Marrage Act, 19552 for restitution 1 Hereinafter referred as to ‘CPC’ 2 Hereinafter referred as to ‘Act, 1955’ - 3 - HC-KAR NC: 2025:KHC:21500 CP No. 66 of 2024 of conjugal rights which is pending on the file of the Senior Civil Judge and JMFC, Krishnarajanagara. The petitioner – wife has filed Crl.Misc.No.496/2023 under Section 12 of the Protection of Women from Domestic Violence Act, 20053 which is pending before the Principal Senior Civil Judge and JMFC, Ranebennur. Seeking for transfer of MC.No.56/2023, the present petition is filed by the wife. 5. It is the contention of the learned counsel for the petitioner that the husband is gainfully employed and having independent source of income. That the wife is staying along with her parents at the address mentioned in the cause title. That the wife is not employed and the she is depending on her parents for her livelihood. That the distance between the place of residence of the wife and Krishnarajanagar is more than 309 kms. Hence, it would cause great hardship to the wife to contest the proceeding initiated by the husband at Krishnarajanagar. 6. Having regard to the fact that the husband is gainfully employed and the distance between place of residence 3 Hereinafter referred as to ‘Act, 2005’ - 4 - HC-KAR NC: 2025:KHC:21500 CP No. 66 of 2024 of the wife and Krishnarajanagar is more than 309 Kms, as also due to fact that the wife has no independent source of income and is solely depending on her parents for livelihood of herself, it is clear that the wife will be put to great hardship if she is required to travel to Krishnarajanagar for contesting the proceedings initiated by the husband. 7. On the other hand, the husband is stated to be employed and having an independent source of income. Having regard to the same and having regard to 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 the 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 is passed: 4 AIR ONLINE 2022 SC 1268 - 5 - HC-KAR NC: 2025:KHC:21500 CP No. 66 of 2024 ORDER i. The above petition is allowed; ii. MC.No.56/2023 pending on the file of the Senior Civil Judge and JMFC, Krishnarajanagara, shall transferred to the Court of the Senior Civil Judge and JMFC, Ranebennur; iii. The petitioner shall appear before the transferee Court on 31.07.2025 without the requirement of any further notice being issued in this regard; iv. Consequent to appearance of the petitioner, 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 PNV List No.: 1 Sl No.: 44