- 1 - HC-KAR NC: 2025:KHC:21618 CP No. 139 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. 139 OF 2024 BETWEEN: SMT. NIKITHA K., AGED ABOUT 28 YEARS, W/O NITHIN D., D/O KRISHNAIAH P, R/AT NO.18, SOBAGU, 13TH CROSS, 6TH 'C' MAIN ROAD, V.V.MOHALLA, MYSURU – 570 002. …PETITIONER (BY SRI. P.NATARAJU., ADVOCATE) AND: SRI. NITHIN D., AGED ABOUT 32 YEARS, S/O DEVARAJA N, R/AT NO.1439, 7TH "A" MAIN, RPC LAYOUT, VIJAYANAGAR 2ND STAGE, HAMPINAGAR, BENGALURU – 560 104. …RESPONDENT (BY SRI.RAMACHANDRA H., ADVOCATE FOR SRI.H.R.ANANTHA KRISHNAMURTHY, ADVOCATE) Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:21618 CP No. 139 of 2024 THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF THE CPC, PRAYING 1. TO WITHDRAW THE PETITION IN M.C. NO. 7738/2023 PENDING ON THE FILE OF THE LEARNED IV ADDL. PRL. JUDGE, FAMILY COURT AT BENGALURU FILED BY THE RESPONDENT AND TRANSFER THE SAME TO THE FAMILY COURT AT MYSURU. 2. PASS SUCH OTHER ORDERS WHICH THIS HONBLE COURT DEEMS FIT UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE 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 ORAL ORDER The present petition is filed under Section 24 of the Code of Civil Procedure (for short, 'the CPC') by the wife seeking for transfer of M.C. No.7738/2023 pending on the file of the IV Additional Principal Judge, Family Court, Bengaluru, to the Family Court, Mysuru1. 2. Heard the learned counsel Sri. P. Nataraju for the petitioner and the learned counsel 1 hereinafter referred to as 'Trial Court' - 3 - HC-KAR NC: 2025:KHC:21618 CP No. 139 of 2024 Sri. Ramachandra. H., for Sri. H.R. Anantha Krishnamurthy, learned counsel for the respondent. 3. The relevant facts in a nutshell leading to the present petition are that the marriage between the parties was solemnized on 21.06.2021. The parties lived together in their matrimonial home for sometime. Thereafter, due to various reasons, the parties have been residing separately, since December 2023. 4. The respondent-husband has filed M.C.No.7738/2023 which is pending before the IV Additional Principal Judge, Bengaluru. The petitioner-wife has filed a complaint in Crime No.210/2023 before the jurisdictional police station at Mysuru, which proceedings are pending before the VII Additional Civil Judge (Jr.Dn), JMFC, Mysuru. The petitioner-wife is currently staying along with her parents at the address mentioned in the causetitle, Mysuru. - 4 - HC-KAR NC: 2025:KHC:21618 CP No. 139 of 2024 5. Learned counsel for the petitioner submits that the wife is staying at Mysuru along with her parents and it would be inconvenient to travel to Bengaluru for the purpose of contesting proceedings initiated by the Husband. 6. Per contra, learned counsel for the respondent would submit that when matter was referred to Mediation proceedings, there have been attempts to assault the respondent and hence, the respondent apprehends that the same may re-occur if the proceedings initiated by him are transferred to Mysuru. 7. Rebutting the contentions put forth by the learned counsel for the respondent, learned counsel for the petitioner submits that the both the parties have filed criminal complaints with regard to the incident that is sought to be alleged by the respondent. 8. The submissions of both the learned counsel have been considered and the material on record has been - 5 - HC-KAR NC: 2025:KHC:21618 CP No. 139 of 2024 perused. The question that arises for consideration is, whether the relief sought for in the present petition is liable to be granted? 9. The matrimonial relationship between the parties having been admitted and it being noted that the respondent-Husband is gainfully employed and having an independent source of income and as also having regard to the fact that the criminal proceedings initiated by the wife are pending before the Courts at Mysuru which the husband would be required to contest by traveling to Mysuru, and 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. 2 AIR ONLINE 2022 SC 1268 - 6 - HC-KAR NC: 2025:KHC:21618 CP No. 139 of 2024 Accordingly, the question framed for consideration is answered in the affirmative. 10. In view of the aforementioned, the following order is passed: ORDER i. The above petition is allowed. ii. M.C.No.7738/2023 pending on the file of the IV Additional Principal Judge, Family Court, Bangalore shall stand transferred to the Principal Judge, Family Court, Mysuru. iii. The parties shall appear before the Principal Judge, Family Court, Mysuru on 28.07.2025, without the requirement of any further notice being issued in this regard. It shall be open to the Principal Judge, Family Court, Mysuru, to assign the transferred case to an appropriate Court. - 7 - HC-KAR NC: 2025:KHC:21618 CP No. 139 of 2024 iv. Pursuant to appearance of the parties, the transferee Court shall conduct further proceedings, in accordance with law. v. It is open for Family Court to pass appropriate orders with regard to apprehension expressed by the parties, if any. vi. All contentions of the parties are left open. SD/- (C.M. POONACHA) JUDGE RKA List No.: 1 Sl No.: 47