- 1 - NC: 2025:KHC:268 CP No. 226 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA CIVIL PETITION NO. 226 OF 2024 BETWEEN: B. S. SUSHMA, W/O NAGESH S., AGED ABOUT 33 YEARS, R/AT "SAMRUDHI NILAYA", KHB COLONY, SATHYAMANAGALA EXTENSION, HASSAN-573 201. …PETITIONER (BY SRI. OMKAR BASAVA PRABHU, ADVOCATE) AND: NAGESH S., S/O. H. L. SHIVANNA, AGED ABOUT 39 YEARS, R A/T NO.998, 2ND FLOOR, 5TH MAIN ROAD, 16TH CROSS, D GROUP LAYOUT, SRIGANDADHAKAVAL, VISHWANEEDAM POST, BANGALORE-560 091 …RESPONDENT (BY SRI. PRASAD B. S., ADVOCATE) THIS CIVIL PETITION FILED UNDER SECTION 24 OF CPC 1908, PRAYING TO ORDER FOR A TRANSFERRING THE M.C. NO 7985 OF 2023 FROM THE HONORABLE 6TH ADDITIONAL FAMILY JUDGE IN BANGALORE TO THE PRINCIPAL FAMILY JUDGE, AT HASSAN. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:268 CP No. 226 of 2024 CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA ORAL ORDER Heard Sri.Omkar Basava Prabhu, learned counsel for the petitioner as well as Sri.Prasad.B.S, learned counsel for the respondent. 2. This is a petition filed under Section 24 of CPC seeking the Court to transfer M.C.No.7985/2023 which is pending before the Principal Family Court, Bengaluru to the Principal Family Court, Hassan. 3. Arguing on merits of the matter, learned counsel for the petitioner submits that the petitioner and the respondent are wife and husband. Out of their lawful wedlock, they gave birth to a child who is aged around 4 years at present. Differences arose between them and therefore, they are living separately. The respondent husband filed a petition seeking dissolution of marriage and the same is pending before the Principal Family Court, Bengaluru as M.C.No.7985/2023. The petitioner who - 3 - NC: 2025:KHC:268 CP No. 226 of 2024 received notices in the said case is coming to Bengaluru and attending the Court on each and every date of adjournment. The petitioner resides at Hassan. The distance between Hassan and Bengaluru is around 210 Kms. The petitioner is facing much difficulty in attending the Court and travelling such a long distance that too along with the child. Therefore, the present application is filed seeking to transfer the case to Hassan. 4. The submission that is made by the learned counsel for the respondent on the other hand is that the distance between Hassan and Bengaluru is 130 Kms only and not 210 Kms as projected by the learned counsel for the petitioner. The respondent is working as lecturer and he is under obligation to attend his duties every day. That apart he has to look after his aged parents. Therefore, the respondent will face much inconvenience to go to Hassan in case the case is transferred and thus the petition is liable to be dismissed. - 4 - NC: 2025:KHC:268 CP No. 226 of 2024 5. Undisputedly, the petitioner has taken up the responsibility of looking after the child who is born out of the lawful wedlock. The possession of the child is with the petitioner and not with the respondent. Therefore, the inconvenience which the petitioner would face in attending the Court at Bengaluru, traveling from Hassan along with the child would be more when compared to the respondent. Transfer of the case as sought for would undoubtedly be convenient to the petitioner and it would be more convenient for the child who will be relieved from such long travel. Therefore, this Court considers desirable to allow the application as sought for. Undisputedly, by such transfer the child of both would be benefited. 6. Thus the following: ORDER (i) The Petition is allowed. (ii) M.C.No.7985/2023 which is pending before the Principal Family Court, Bengaluru is withdrawn and transferred to the Principal Family Court, Hassan. - 5 - NC: 2025:KHC:268 CP No. 226 of 2024 (iii) The Principal Family Court, Bengaluru is directed to transmit entire records duly indexed to the Principal Family Court, Hassan within a week from the date of receipt of copy of this order. (iv) Both the parties are directed to make their appearance before the Principal Family Court, Hassan on 13.02.2025. Further notice is not required. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE NS CT:TSM List No.: 1 Sl No.: 30