- 1 - HC-KAR NC: 2025:KHC:25712 CP No. 101 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. 101 OF 2025 BETWEEN: MRS. MALLIKA SHEKAR MARAKALA AGED ABOUT 47 YEARS W/O. SRI. SHEKAR MARAKALA R/AT NO 12, 5TH CROSS S.G.PALAYA, BHARATHI LAYOUT NEAR CHRIST UNIVERSITY BACK GATE BENGALURU-560 029 …PETITIONER (BY SMT. PRAMILA NESARGI, SENIOR COUNSEL FOR SMT. BINDU U, ADVOCATE) AND: SRI. SHEKAR MARAKALA AGED ABOUT 55 YEARS S/O. GANAPA MARAKALA R/AT NO 5-73, KUNJOOR BAIDE BETTU POST, 34 KUDI, KOKKARNE UDUPI DIST KARNATAKA-576234 …RESPONDENT ( RESPONDENT IS SERVED AND UNREPRESENTED) THIS CIVIL PETITION IS FILED UNDER SEC. 24 OF THE CIVIL PROCEDURE CODE 1908 PRAYING TO ALLOW THE PETITION AND TRANSFER THE PETITION IN MC NO.238/2024 WHICH IS PENDING BEFORE THE PRINCIPAL JUDGE, FAMILY COURT, ADDITIONAL DISTRICT AND SESSIONS JUDGE, FTSC-1, UDUPI TO PRINCIPAL JUDGE, FAMILY COURT, BANGALORE, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:25712 CP No. 101 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 seeking for transfer of MC No.238/2024 pending on the file of the Principal Judge, Family Court, Additional District and Sessions Judge, FTSC-1, Udupi, to the Principal Judge, Family Court, Bengaluru. 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 5.5.1999 and a son was born to the parties from their wedlock. Subsequently, due to various reasons, the parties have been residing separately. 4. The wife had filed MC No.7780/2023 under Section 13(1)(ia) of the Hindu Marriage Act, 19551, for divorce, before the Principal Judge, Family Court, Bengaluru, which was withdrawn by the wife. The husband has filed MC No.238/2024 under Section 13(1)(ia) and (ib) of the Act of 1955, which is 1 Hereinafter referred to as ‘Act of 1955’ - 3 - HC-KAR NC: 2025:KHC:25712 CP No. 101 of 2025 pending before the Principal Judge, Family Court, Additional District and Sessions Judge, FTSC-1, Udupi, for divorce. Seeking for transfer of MC No.238/2024, the present petition is filed. 5. Learned Senior counsel appearing for the petitioner contends that the son of the parties is staying along with the wife and great hardship will be caused to the wife if she is required to travel to Udupi for contesting the proceedings in MC No.238/2024. That the wife is also suffering from various health ailments. Hence, the learned Senior Counsel seeks for allowing of the present petition and granting of the reliefs sought for. 6. The respondent is served and unrepresented. 7. Having regard to the fact that the son of the parties is staying along with the wife and is required to take care of the education of the son, as also the contention of the petitioner that the husband is gainfully employed, having an independent source of income, also keeping in mind the fact that the earlier proceedings in MC No.7780/2023 was filed by the wife at Bengaluru and having regard to the settled proposition of law - 4 - HC-KAR NC: 2025:KHC:25712 CP No. 101 of 2025 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; ii. MC No.238/2024 pending on the file of the Principal Judge, Family Court, Additional District and Sessions Judge, FTSC-1, Udupi, shall stand transferred to the Principal Judge, Family Court, Bengaluru; 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; 2 AIR ONLINE 2022 SC 1268 - 5 - HC-KAR NC: 2025:KHC:25712 CP No. 101 of 2025 iv. It shall be open to the learned Principal Judge, Family Court, Bengaluru, to assign the transferred case to an appropriate Court; v. 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.: 56