- 1 - HC-KAR NC: 2025:KHC:25711 CP No. 136 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. 136 OF 2025 BETWEEN: SMT. DIVYA P, AGED ABOUT 30 YEARS, D/O PUTTASWAMY SHETTY, R/AT NO.33-34, 4TH CROSS, LAKSHMANA NAGARA, HEGGANAHALLI CROSS, NEAR JANATHA SCHOOL, VISHWANEEDAM, BANGALORE-560091 …PETITIONER (BY SRI. SHRIDHARAMURTHY H R.,ADVOCATE) AND: SRI NITHIN B., AGED ABOUT 32 YEARS, S/O BALARAJ, R/AT DOOR NO.1013, SHIVAKRUPA, RAJARAJESHWARINGAR, B.E.M.L., 2ND STAGE, BOGADHI MYSORE-570026 …RESPONDENT (RESPONDENT IS SERVED AND UNREPRESENTED) THIS CIVIL PETITION IS FILED UNDER SEC. 24 OF THE CIVIL PROCEDURE CODE. 1908 PRAYING TO WITHDRAW THE ENTIRE PROCEEDINGS IN MC NO.811/2024 PENDING ON THE FILE OF 3RD ADDITIONAL PRL. JUDGE FAMILY COURT, MYSURU AND TO Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:25711 CP No. 136 of 2025 TRANSFER THE SAME TO III ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, AT BENGALURU 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.811/2024 pending on the file of III Additional Principal Judge, Family Court, Mysuru, to III Additional 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 25.5.2022 and the parties lived together in their matrimonial home for sometime. However, due to various reasons, the parties have been residing separately since November, 2022. - 3 - HC-KAR NC: 2025:KHC:25711 CP No. 136 of 2025 4. The husband has instituted MC No.811/2024 under Section 9 of the Hindu Marriage Act, 19551, for restitution of conjugal rights, which is pending before the III Additional Principal Judge, Family Court, Mysuru. The wife has filed a petition under Section 13(1)(ia) of the Act of 1955, for divorce, which is pending before the III Additional Principal Judge, Family Court, Bengaluru. Seeking for transfer of MC No.811/2024, the present petition is filed. 5. Heard the submissions of 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 her livelihood. That the husband is gainfully employed and having an independent source of income. That great hardship will be caused to the wife if she is required to travel to Mysuru, to contest MC No.811/2024. 7. Having regard to the contention that the wife is staying with her parents and is depending on them for her livelihood, also since the husband, in any event would be 1 Hereinafter referred to as ‘Act of 1955’ - 4 - HC-KAR NC: 2025:KHC:25711 CP No. 136 of 2025 required to travel to Bengaluru, to contest MC No.1699/2025 instituted by the wife 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. 8. In view of the aforementioned, the following: ORDER i. The above petition is allowed; ii. MC No.811/2024 pending on the file of III Additional Principal Judge, Family Court, Mysuru, shall stand transferred to the III Additional Principal Judge, Family Court, Bengaluru, to be tried along with MC No.1699/2025; iii. The petitioner shall appear before III Additional Principal Judge, Family Court, Bengaluru, on 2 AIR ONLINE 2022 SC 1268 - 5 - HC-KAR NC: 2025:KHC:25711 CP No. 136 of 2025 29.7.2025 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.: 63