- 1 - HC-KAR NC: 2025:KHC:24234 CP No. 55 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. 55 OF 2025 BETWEEN: 1. MRS. FIDA KOUSAR ATTAR, W/O NOORUDDIN MOHAUMED AKBR, AGED ABOUT 27 YEARS, R/AT No. EWS, 218, 2ND CROSS, HUDCO COLONY, GADAG, KARNATAKA-582103 …PETITIONER (BY SRI JANANI K. H., ADVOCATE) AND: 1. MR. NOORUDDIN MOHAUMED AKBAR, S/O MOINUDDIN AHMED RANGKUTTY, AGED ABOUT 33 YEARS, R/AT No.96, 4TH CROSS, SUBHASH NAGAR, MYSURU, KARNATAKA- 570007. …RESPONDENT (RESPONDENT SERVED AND UNREPRESENTED) THIS CP IS FILED UNDER SECTION 24 OF CPC 1908, PRAYING TO ALLOW THE ABOVE CIVIL PETITION TO TRANSFER THE PROCEEDINGS IN OS.No.77/2024 BEFORE THE HON'BLE FAMILY COURT JUDGE AT MYSORE TO THE HON'BLE FAMILY COURT JUDGE, GADAG, IN THE INTEREST OF JUSTICE AND EQUITY. Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:24234 CP No. 55 of 2025 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 O.S. No.77/2024 pending on the file of the Principal Judge, Family Court, Mysuru to the Court of the Principal Judge, Family Court, Gadag. 2. Heard Smt. Janani K.H., learned counsel for the petitioner. Respondent is served and unrepresented. 3. It is forthcoming that the marriage between the parties was solemnized on 04.05.2015 and a son was born to the parties from their wedlock on 07.09.2016. That the parties were living together for some time. However, due to various reasons, the parties have been living separately. 4. The respondent-husband has filed O.S. No.77/2024 for dissolution of marriage which is pending before the Principal Judge, Family Court, Mysuru. The wife has filed 1 Hereinafter referred to as ‘CPC’ for short - 3 - HC-KAR NC: 2025:KHC:24234 CP No. 55 of 2025 Crl.Misc.No.38/2024 under the provisions of the Protection of Women from Domestic Violence Act, 20052 which is pending before the II Additional Civil Judge and JMFC II, Gadag. Seeking for transfer of O.S. No.77/2024, the present petition is filed. 5. Learned counsel for the petitioner submits that the petitioner-wife is currently pursuing her education and staying along with her parents at the address mentioned in the cause- title and is depending on her parents for her livelihood. That the respondent-husband is gainfully employed and having an independent source of income. That the distance between the place of residence of the wife and Mysuru is about 500 kms. It is contended that the wife will be put to great hardship if she is required to travel to Mysuru for the purpose of contesting the proceedings initiated by the husband. Hence, she seeks for allowing the present petition. 6. Having regard to the fact that the wife is stated to be pursuing her education and is staying along with her parents and is fully dependant on them for her livelihood, that the husband is gainfully employed and having independent 2 Hereinafter referred to as ‘DV Act’ for short - 4 - HC-KAR NC: 2025:KHC:24234 CP No. 55 of 2025 source of income, as also fact that the husband in any event travel to Gadag for the purpose of contesting Crl.Misc.No.38/2024, 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 in the present petition be granted. 7. In view of the aforementioned, the following order is passed: ORDER i. The above petition is allowed; ii. O.S.No.77/2024 pending on the file of Principal Judge, Family Court, Mysuru shall stand transferred to the Court of the Family Court, Gadag; iii. The petitioner shall appear before the transferee Court on 20.08.2025 without 3 AIR ONLINE 2022 SC 1268 - 5 - HC-KAR NC: 2025:KHC:24234 CP No. 55 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.: 52