- 1 - HC-KAR NC: 2025:KHC:25658 CP No. 67 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. 67 OF 2025 BETWEEN: SMT.DEEPA R W/O CHANDRASHEKAR D/O RAVISHANKAR R V AGED ABOUT 37 YEARS R/AT 5TH CROSS, ANJANEYA LAYOUT K YELLAPPA COMPOUND OLD HARALAPUR, GUTTUR, HARIHARA 577601 ALSO RESIDING AT D.NO.203/4, SHANKARNAG ROAD OPP. KONARK SILKS, BOMMANAHALLI BENGALURU SOUTH 560068. …PETITIONER (BY SRI. CHANDRASHEKAR P PATIL, ADVOCATE) AND: CHANDRASHEKAR P S/O LATE PUTTASWAMY AGED ABOUT 40 YEARS PARENTS HOUSE AT D.NO. 648/F -80 NEAR NANDINI MILK PARLOR BEHIND 101 GANAPATHI TEMPLE BASAVESHWARA ROAD K R MOHALLA MYSORE CITY 570 004 PRESENTLY RESIDING AT SHANIMAHATHMA TEMPLE ROAD Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:25658 CP No. 67 of 2025 CHORANAHALLY VILLAGE MYSORE TALUK AND DISTRICT PIN CODE 570 004 …RESPONDENT (BY SRI. NAGARAJ S JAIN, ADVOCATE) THIS CIVIL PETITION IS FILED UNDER SEC. 24 OF THE CIVIL PROCEDURE CODE 1908 PRAYING TO TRANSFER M.C.NO.1096/2024, PENDING ON THE FILE OF THE 2ND ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, MYSURU TO THE FAMILY COURT AT DAVANAGERE, IN THE INTEREST OF JUS TICE AND EQUITY AND ETC. 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 seeking for transfer of MC No.1096/2024 pending on the file of the II Additional Principal Judge, Family Court, Mysuru, to the Family Court, Davanagere. 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 30.11.2015 and the parties were residing together for sometime. A daughter is born to the parties from their wedlock. However, due to various reasons, the parties have been residing separately. - 3 - HC-KAR NC: 2025:KHC:25658 CP No. 67 of 2025 4. The husband has filed MC No.1096/2024 under Section 9 of the Hindu Marriage Act, 19551, for restitution of conjugal rights which is pending before II Additional Principal Judge, Family Court, Mysuru. The wife had filed Crl.Misc.No.241/2023 which was allowed vide order dated 1.4.2024. Since the husband has not paid the amounts in terms of the said order dated 1.4.2024, the wife and daughter have filed Crl.Misc.No.163/2023, which is pending before the Family Court, Davanagere. Seeking for transfer of MC No.1096/2024, the present petition is filed. 5. Heard the submissions of the learned counsel for the petitioner. The respondent is served and unrepresented. 6. It is the contention of the learned counsel for the petitioner that the wife is staying along with her parents and is depending on them for the livelihood of herself and the daughter of the parties. That the husband is gainfully employed and having an independent source of income. That the wife will be put to great hardship if she is required to travel 1 Hereinafter referred to as ‘Act of 1955’ - 4 - HC-KAR NC: 2025:KHC:25658 CP No. 67 of 2025 to Mysuru for the purpose of contesting the proceedings initiated by the husband. 7. Having regard to the fact that the daughter of the parties is under the care and custody of the wife, in view of the contention that the wife is depending on her parents for the livelihood of herself and the daughter of the parties, having regard to the fact that the husband is gainfully employed and having an independent source of income, as also since the husband, in any event, will be required to travel to Davanagere for the purpose of contesting the proceedings initiated 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 SHA2 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. 8. In view of the aforementioned, the following: ORDER i. The above petition is allowed; 2 AIR ONLINE 2022 SC 1268 - 5 - HC-KAR NC: 2025:KHC:25658 CP No. 67 of 2025 ii. MC No.1096/2024 pending on the file of the II Additional Principal Judge, Family Court, Mysuru, shall stand transferred to the Principal Judge, Family Court, Davanagere. iii. The petitioner shall appear before the transferee Court on 4.8.2025 without the requirement of any further notice being issued in this regard; iv. Consequent to the 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 ND List No.: 1 Sl No.: 50