- 1 - HC-KAR NC: 2025:KHC:25581 CP No. 166 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. 166 OF 2025 BETWEEN: SMT. IMPANA M S, W/O VISHNU S, D/O SOMASHEKAR M S, AGED ABOUT 29 YEARS, R/O NO. 698, 3RD MAIN, 4TH CROSS, 1ST PHASE, 4TH STAGE, VIJAYNAGAR, MYSURU - 570 030 …PETITIONER (BY SRI. PREREET JAIN B.,ADVOCATE) AND: SRI. VISHNU S, S/O SHANKAR B, AGED ABOUT 32 YEARS, R/O NO. 300, 12TH A MAIN, 6TH BLOCK, RAJAJINAGAR, BENGALURU - 560 010. …RESPONDENT (BY SRI. GIRI K., ADVOCATE) THIS CIVIL PETITION IS FILED U/S. 24 OF CPC 1908, PRAYING TO PASS AN ORDER TRANSFERRING THE DIVORCE PETITION FILED BY THE RESPONDENT / HUSBAND BEARING M.C. NO. 2446/2024 PENDING ON THE FILE OF V ADDITIONAL PRINCIPAL JUDGE FAMILY COURT, BANGALORE, TO THE FAMILY COURT AT MYSURU. 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:25581 CP No. 166 of 2025 ORAL ORDER The present petition is filed under Section 24 of the Code of Civil Procedure, 19081 by the wife seeking for the transfer of MC.No.2446/2024 pending on the file of the V Additional principle judge, Family Court, Bengaluru to the Family Court, Mysore. 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 26.11.2020 and the parties were living together for sometime. However, due to various reasons, the parties have been residing separately from October, 2023. 4. The petitioner- wife has filed Crl.Misc.No.39/2024 under the provision of the Protection of Women from Domestic Violence Act, 2005, which is pending before the V JMFC Court, Mysore. The respondent - husband has filed MC.No.2446/2024 under Section 13(1)(ia) of the Hindu Marriage Act read with Section 7 of Family Court Act, which is pending before the V 1 Hereinafter referred to as 'CPC' - 3 - HC-KAR NC: 2025:KHC:25581 CP No. 166 of 2025 Additional Principal Judge, Family Court, Bengaluru. Seeking for transfer of MC.No.2446/2024, the present petition is filed. 5. Heard the submissions of the learned counsel Sri.Prereet Jain B., appearing for the petitioner. 6. It is the contention of learned counsel for the petitioner that the husband is gainfully employed and having an independent source of income. That the wife is staying along with her parents and she is depending on them for her livelihood. That the wife will be put to great hardship if she is required to travel to Bengaluru for the purpose of contesting MC.No.2446/2024 filed by the husband. 7. Having regard to the fact that the wife is staying along with her parents and is stated to be depending on them for her livelihood, as also since the husband is gainfully employed, having his independent source of income, since the husband in any event will be required to travel to Mysuru for the purpose of contesting pending Crl.Misc.No.39/2024, 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 - 4 - HC-KAR NC: 2025:KHC:25581 CP No. 166 of 2025 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 for in the present petition be granted. 8. In view of the aforementioned, the following order: ORDER i. The above petition is allowed; ii. MC.No.2446/2024 pending on the file of the V Additional Principle judge, Family Court, Bengaluru, shall stand transferred to the Principal Judge, Family Court, Mysuru; iii. The parties shall appear before the Principal Judge, Family Court, Mysuru on 04.08.2025 without the requirement of any further notice being issued in this regard; iv. It shall be open to the learned Principal Judge, Family Court, Mysuru to assign the transferred case to an appropriate Court. 2 AIR ONLINE 2022 SC 1268 - 5 - HC-KAR NC: 2025:KHC:25581 CP No. 166 of 2025 v. Consequent to transfer, the transferee Court shall conduct further proceedings in accordance with law; vi. All contentions of the parties are left open. SD/- (C.M. POONACHA) JUDGE BKN List No.: 1 Sl No.: 67