- 1 - HC-KAR NC: 2025:KHC:21501 CP No. 236 of 2023 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. 236 OF 2023 BETWEEN: SMT. RAMITHA, W/O SRI. HARISH, AGED ABOUT 32 YEARS, R/AT MACHATTU VILLAGE, KUNDAPURA TALUK, UDUPI DISTRICT-576227 …PETITIONER (BY SRI. VIJAY SHETTY B, ADVOCATE) AND: SRI. HARISH S/O LATE NARAYANASWAMY.N AGED ABOUT 38 YEARS, R/AT NO. 447/H, 9TH D MAIN, VIJAYANAGAR, BENGALURU-560040. …RESPONDENT (RESPONDENT SERVED & UNREPRESENTED) THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CPC, PRAYING TO PASS AN ORDER TO TRANSFER CASE IN M.C.NO.6639/2022 WHICH IS PENDING BEFORE THE VI ADDL. PRINCIPAL JUDGE, FAMILY COURT, BENGALURU TO THE HONBLE SENIOR CIVIL JUDGE AT KUNDAPURA, FOR DISPOSAL IN ACCORDANCE WITH LAW, TO MEET THE ENDS OF JUSTICE AND EQUITY 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:21501 CP No. 236 of 2023 ORAL ORDER The present petition is filed under Section 24 of the Code of Civil Procedure, 19081 by the wife seeking for transfer of MC.No.6639/2022 pending on the file of the VI Additional Principal Judge, Family Court, Bengaluru, to the Court of the *Senior Civil Judge, Kundapura. 2. Heard submissions of learned counsel Sri. Vijay Shetty B appearing for the petitioner. The respondent is served and the respondent is unrepresented. 3. It is forthcoming from the records that the marriage between the parties was stated to have been solemnized on 05.06.2012 at Shree Narayanaswamny Temple, Haladi Village, Kundapura Taluk and from the said wedlock a son was born to the parties. That the parties were residing together in the matrimonial home for some time. However, due to various reasons, the parties have been residing separately from 10.07.2022. 1 Hereinafter referred as to ‘CPC’ * Corrected vide Court order dt. 2.7.2025 - 3 - HC-KAR NC: 2025:KHC:21501 CP No. 236 of 2023 4. The respondent - husband has filed MC.No.6639/2022 which is pending before the VI Additional Principal Judge, Family Court, Bengaluru. The petitioner – wife has filed Crl.Misc.No.283/2022 which is pending before the Additional Civil Judge and JMFC, Kundapura, Udupi. Seeking for transfer of MC.No.6639/2022, the present petition is filed by the wife. 5. It is the contention of the learned counsel for the petitioner that the husband is gainfully employed and that the wife is staying along with her parents at the address mentioned in the cause title. That the wife is not employed and the she is depending on her parents for livelihood of herself and her son. That the distance between the place of residence of the wife and Bengaluru is more than 550 kms. Hence, it would cause great hardship to the wife to contest the proceeding initiated by the husband at Bengaluru. 6. Having regard to the fact that the husband is gainfully employed and that the distance between place of residence of the wife and Bengaluru is stated to be more than 550 Kms as also due to fact that the wife has no independent - 4 - HC-KAR NC: 2025:KHC:21501 CP No. 236 of 2023 source of income and is solely depending on her parents for livelihood of herself and her son, it is clear that the wife will be put to great hardship if she is required to travel to Bengaluru for contesting the proceedings initiated by the husband. 7. On the other hand, the husband is stated to be employed having an independent source of income. Having regard to the same and having regard to 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 preference 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 is passed: ORDER i. The above petition is allowed; ii. MC.No.6639/2022 pending on the file of the VI Additional Principal Judge, Family Court, 2 AIR ONLINE 2022 SC 1268 - 5 - HC-KAR NC: 2025:KHC:21501 CP No. 236 of 2023 Bengaluru, shall stand transferred to the Court of the *Senior Civil Judge, Kundapura; iii. The petitioner shall appear before the transferee Court on 30.07.2025 without the requirement of any further notice being issued in this regard; iv. Consequent to appearance of the petitioner, 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 PNV List No.: 1 Sl No.: 40 * Corrected vide Court order dt. 2.7.2025