- 1 - HC-KAR NC: 2025:KHC:21596 CP No. 212 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. 212 OF 2024 BETWEEN: SMT. SUNITHA A W/O SANTHOSH KUMAR, AGED ABOUT 39 YEARS, RESIDING AT NO.33, ASHWTHAPPA BUILDING, SUBBAYYANA PALYA, BANASAWADI, MARUTHISEVANAGAR POST, BENGALURU-560 033. …PETITIONER (BY SRI. GOPALA H M, ADVOCATE) AND: SRI. S. SANTHOSH KUMAR S/O LATE SRIRAMAPPA, AGED ABOUT 41 YEARS, R/AT WARD NO.1, TAMAKA, KOLAR TOWN, KOLAR- 563101 …RESPONDENT (RESPONDENT IS SERVED AND UNREPRESENTED) THIS CIVIL PETITION IS FILED UNDER SEC.24 OF THE CPC PROCEDURE PRAYING TO CALL FOR RECORDS IN M.C.NO.25/2024, FILED BY THE RESPONDENT UNDER SECTION 13(1) (1A)(B) OF THE HINDU MARRIAGE ACT, FOR DIVORCE, WHICH IS PENDING ON THE FILE OF THE HONBLE PRINCIPAL JUDGE, FAMILY COURT AT KOLAR AND ETC. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:21596 CP No. 212 of 2024 CORAM: HON'BLE MR JUSTICE C.M. POONACHA ORAL ORDER The present petition is filed by the wife seeking for transfer of MC No.25/2024 pending on the file of the Principal Judge, Family Court, Kolar to the Court of Principal Judge, Family Court, Benaluru. 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 03.02.2020 at Venkateshwara Poultry Farm, Tamaka, Kolar and they lived together for sometime in their matrimonial home. However, due to various reasons, from 03.05.2020 the parties have been residing separately. 4. The husband has filed MC No.25/2022 before The Principal Judge, Family Court, Kolar under Section 13(1)(1a) (1b) of the Hindu Marriage Act, 19551, seeking for divorce. Seeking for transfer of M.C. No.25/2022, the wife has filed the present petition. 1 Hereinafter referred to as the ‘HM Act’ - 3 - HC-KAR NC: 2025:KHC:21596 CP No. 212 of 2024 5. It is the contention of the petitioner that she is staying along with her parents at the address mentioned in the cause title. That the husband is gainfully employed and having an independent source of income. That the elder brother of the petitioner/wife is suffering from kidney ailment and another brother has to accompany him to the hospital for regular checkups and is unable to regularly accompany the wife/petitioner for the purpose of contesting the proceedings initiated by the husband/respondent at Kolar. That it would cause great hardship for the wife to contest the proceedings initiated by the husband at Kolar. 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. 8. The relationship between the parties and the pendency of the legal proceedings between the parties are a matter of record. - 4 - HC-KAR NC: 2025:KHC:21596 CP No. 212 of 2024 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 and brothers for livelihood of herself, 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. 10. In view of the aforementioned, the following order: ORDER i. The above petition is allowed; ii. MC.No.25/2024 pending on the file of Principal Judge, Family Court, Kolar shall stand transferred to the Court of Principal Judge, Family Court, Bengaluru; iii. The petitioner shall appear before the Principal Judge, Family Court, Bengaluru on 31.07.2025 2 AIR ONLINE 2022 SC 1268 - 5 - HC-KAR NC: 2025:KHC:21596 CP No. 212 of 2024 without the requirement of any further notice being issued in this regard. iv. It shall be open to the learned Principal Judge, Family Court, Bengaluru to assign the transferred case to any other Court. 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.: 50