- 1 - HC-KAR NC: 2025:KHC:25579 CP No. 62 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. 62 OF 2025 BETWEEN: SMT.DHANALAKSHMI @ DIVYA.A W/O SRIDHAR.B, AGED ABOUT 34 YEARS, RESIDING AT DOOR NO.117, 5TH CROSS, DILIP KUMAR ROAD, SHANTHINAGARA, UDAYAGIRI.P.O, MYSURU DISTRICT - 570019 …PETITIONER (BY SRI. SHYAM KUMAR S.U., ADVOCATE) AND: SRI.SRIDHAR.B, S/O BANGARU, AGED ABOUT 36 YEARS, RESIDING AT DEVANGA BEEDI, VENKATAIAHNA CHATRA, CHAMARAJANAGAR DISTRICT. …RESPONDENT (BY SRI. PARAMESWARAPPA C., ADVOCATE) THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CPC, PRAYING TO WITHDRAW THE M.C.NO.83/2023 PENDING ON THE FILE OF THE SENIOR CIVIL JUDGE AND CJM AT CHAMARAJANAGAR AND TRANSFER THE SAME TO THE COURT OF FAMILY JUDGE AT MYSURU, 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 Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:25579 CP No. 62 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.83/2023 pending on the file of the Senior Civil Judge and CJM, Chamarajanagar to the Family Court, Mysuru. 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 26.02.2020 and a daughter was born to the parties from their wedlock. The parties were residing together for sometime in their matrimonial home. However, due to various reasons, the parties have been residing separately. 4. The respondent - husband has filed MC.No.83/2023 under Section 9 of the Hindu Marriage Act, 19552 seeking for restitution of conjugal rights which is pending before the Senior Civil Judge and CJM, Chamarajanagar. The petitioner - wife has filed Crl.Misc.No.984/2024 under Section 144(1) of the 1 Hereinafter referred to as 'CPC' 2 Hereinafter referred to as the ‘HM Act’ - 3 - HC-KAR NC: 2025:KHC:25579 CP No. 62 of 2025 Bharatiya Nagarik Suraksha Sanhita, which is pending before the Principal Judge, Family Court, Mysuru. Seeking for transfer MC.No.83/2023, the wife has filed the present petition. 5. Heard submissions of the learned counsel Sri.S.U.Shyam Kumar, appearing for the petitioner. 6. It is the contention of the learned counsel for the petitioner that the daughter of the parties is living along with the wife and that the wife is dependent on her mother for the livelihood of herself as well as the daughter of the parties. It is further contended that the husband is gainfully employed and having independent source of income. That the wife will be put to great hardship if she is required to travel to chamarajanagar for the purpose of contesting MC.No.83/2023. Hence, he seeks for allowing of the present petition and granting of the reliefs sought for. 7. Having regard to the fact that the daughter of the parties is under the care and custody of wife, as also having regard to the contention that the husband is gainfully employed and having independent source of income, since the husband, in any event will be required to travel to Mysuru for the - 4 - HC-KAR NC: 2025:KHC:25579 CP No. 62 of 2025 purpose of contesting Crl.Misc.No.984/2024, 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 the wife will be required 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. M.C.No.83/2023 pending on the file of the Senior Civil Judge and CJM, Chamarajanagar, shall stand transferred to the Principal Judge, Family Court, Mysuru; iii. The petitioner shall appear before the learned Principal Judge, Family Court, Mysuru on 12.08.2025 without the requirement of any further notice being issued in this regard; 3 AIR ONLINE 2022 SC 1268 - 5 - HC-KAR NC: 2025:KHC:25579 CP No. 62 of 2025 iv. It shall be open to the learned Principal Judge, Family Court, Mysuru to assign the transferred case to an appropriate Court. v. Consequent to transfer, the transferee Court shall conduct further proceedings in accordance with law; vi. All contentions of the parties are left open. SD/- (C.M. POONACHA) JUDGE BKN List No.: 1 Sl No.: 49