- 1 - HC-KAR NC: 2025:KHC:21595 CP No. 200 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. 200 OF 2024 BETWEEN: SMT PREMA W/O SRI RAMESH C D/O SRI THIPPESWAMY AGED ABOUT 27 YEARS R/AT UPPARAHATTI VILLAGE V V PURA CROSS VANI SUGAR FACTORY CIRCLE HIRIYUR TALUK CHITRADURGA DISTRICT 577599 …PETITIONER (BY SRI. GIREESHA RJ, ADVOCATE) AND: SRI RAMESH C S/O SRI CHANNARAYAPPA AGED ABOUT 36 YEARS R/AT NO 3, 1ST A CROSS THOTADA ROAD SANNAKKIBAYALU KAMAKSHIPALYA BENGALURU 560079 …RESPONDENT (RESPONDENT IS SERVED AND UNREPRESENTED) THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CIVIL PROCEDURE CODE 1908 PRAYING TO PASS AN ORDER TRANSFERRING M.C.NO.493/2022 PENDING ON FILE OF THE HONBLE 1ST ADDITIONAL PRINCIPAL JUDGE FAMILY COURT BENGALURU TO THE HONBLE SENIOR CIVIL JUDGE COURT AT HIRIYUR, CHITRADURGA DISTRICT, IN THE ENDS OF JUSTICE AND EQUITY AND ETC. Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:21595 CP No. 200 of 2024 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.493/2022 pending on the file of I Addl. Principal Judge, Bengaluru to the Court of Senior Civil Judge Court, Hiriyur, Chitradurga District. 2. For the sake of convenience, the parties herein are referred to as per their relationship. 3. The relevant facts necessary for consideration of the present petition are that the marriage between the parties was solemnized on 26.06.2016 at Kyatedevarahatti Village, Hiriyur Taluk, Chitradurga District and they lived together for sometime. However, due to various reasons, the parties have been residing separately. 4. The husband has filed MC No.493/2022 before I Additional Principal Judge, Bengaluru under Section - 3 - HC-KAR NC: 2025:KHC:21595 CP No. 200 of 2024 13(1)(ia)(ib) of the Hindu Marriage Act, 19551, seeking for divorce. The wife has filed Crl.Misc.No.90/2023 under Section 125 of Code of Criminal Procedure, 1973 seeking for maintenance which is pending on the file of Additional Civil Judge and JMFC., Hiriyur, Chitradurga. Seeking for transfer of M.C. No.493/2022, the wife has filed the present petition. 5. 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 distance between the place of residence of the wife and Bengaluru is about 165 kms. That the husband is gainfully employed and has an independent source of income. That it would cause great hardship for the wife to contest the proceedings initiated by the husband at Bengaluru. Hence, she seeks for allowing of the present petition and granting of the reliefs as sought for. 6. The respondent is served and unrepresented. 7. The submissions of the learned counsel for the petitioner have been considered and the material on record has been perused. 1 Hereinafter referred to as the ‘HM Act’ - 4 - HC-KAR NC: 2025:KHC:21595 CP No. 200 of 2024 8. The relationship between the parties and the pendency of the legal proceedings between the parties are a matter of record. 9. Having regard to the fact that the husband is gainfully employed and having independent source of income, as also the fact that the wife has no independent source of income and she is solely depending on her parents for livelihood of herself, as also the fact that the distance between the place of residence of the wife and Bengaluru is about 165 kms, since the husband is in any event will be required to travel to Hiriyur, Chitradurga District for the purpose of contesting the Criminal Misc. No.90/2023 initiated by the wife, as also 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 - 5 - HC-KAR NC: 2025:KHC:21595 CP No. 200 of 2024 10. In view of the aforementioned, the following order: ORDER i. The above petition is allowed; ii. MC.No.493/2022 pending on the file of I Additional Principal Judge, Family Court, Bengaluru shall stand transferred to the Court of Senior Civil Judge Court, Hiriyur, Chitradurga District. iii. The petitioner shall appear before the transferee Court on 31.07.2025; iv. Consequent to 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 BS List No.: 1 Sl No.: 49