- 1 - HC-KAR NC: 2025:KHC:21594 CP No. 104 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. 104 OF 2024 BETWEEN: SMT NETHRAVATHI G M W/O KIRAN KUMAR, AGED ABOUT 33 YEARS, R/A KADENANDIHALLI VILLAGE, SHIKARIPURA TALUK, SHIVAMOGGA DISTRICT-577427 …PETITIONER (BY SRI. SRIKANTH PATIL K, ADVOCATE) AND: SRI KIRAN KUMAR K. S/O KEMPEGOWDARU, AGED ABOUT 34 YEARS, R/A KAINADU VILLAGE, HOSADURGA TALUK, CHITRADURGA DISTRICT-577527. …RESPONDENT (RESPONDENT IS SERVED AND UNREPRESENTED) THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF THE CPC 1908, PRAYING TO PASS AN ORDER TRANSFERRING M.C. NO. 2/2023 PENDING ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC, HOSADURGA, TO THE COURT OF SENIOR CIVIL JUDGE AND JMFC, SHIKARIPURA 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:21594 CP No. 104 of 2024 ORAL ORDER The present petition is filed by the wife seeking for transfer of MC No.2/2023 pending on the file of Senior Civil Judge and JMFC., Hosadurga to the Court of Senior Civil Judge and JMFC., Shikaripura. 2. For the sake of convenience, the parties herein are referred to as per their relationship. 3. The relevant facts necessary for consideration of the present petition are that the marriage between the parties was solemnized on 16.02.2020 and they lived together for sometime in their matrimonial home. However, due to various reasons, the parties have been residing separately. 4. The husband has filed MC No.2/2023 before the Senior Civil Judge and JMFC., Hosadurga under Section 13(1)(b) of the Hindu Marriage Act, 19551, for dissolution of marriage. The wife has filed Crl.Misc.No.67/2023 under Section 125 of Code of Criminal Procedure, 1973 seeking for maintenance which is pending on the file of Civil Judge and 1 Hereinafter referred to as the ‘HM Act’ - 3 - HC-KAR NC: 2025:KHC:21594 CP No. 104 of 2024 JMFC., Shikaripura. Seeking for transfer of M.C. No.2/2023, the wife has filed the present petition. 5. 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 her livelihood. That the distance between the place of residence of the wife and Hosadurga is about 150 kms. That the husband is gainfully employed and has an independent source of income. That it would cause great hardship to the wife to contest the proceedings initiated by the husband at Hosadurga. Hence, she seeks for allowing of the present petition and granting of the reliefs as sought for. 6. The respondent is served and unrepresented. 7. The submissions of the learned counsel for the petitioner have been considered and the material on record has been perused. 8. The relationship between the parties and the pendency of the legal proceedings between the parties are a matter of record. - 4 - HC-KAR NC: 2025:KHC:21594 CP No. 104 of 2024 9. Having regard to the fact that the husband is gainfully employed and having independent source of income, as also the fact that the wife has no independent source of income and she is solely depending on her parents for livelihood of herself, since the distance between the place of residence of the wife and Hosadurga is about 150 kms and that the husband is in any event required to travel to Shikaripura for the purpose of contesting the Criminal Misc. No.67/2023 initiated by the wife, as also 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. 10. In view of the aforementioned, the following order: ORDER i. The above petition is allowed; 2 AIR ONLINE 2022 SC 1268 - 5 - HC-KAR NC: 2025:KHC:21594 CP No. 104 of 2024 ii. MC.No.2/2023 pending on the file of pending on the file of Senior Civil Judge and JMFC., Hosadurga shall stand transferred to the Court of Senior Civil Judge and JMFC., Shikaripura. iii. The petitioner shall appear before the transferee Court on 31.07.2025; 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 BS List No.: 1 Sl No.: 46