- 1 - NC: 2025:KHC:301 CP No. 228 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. 228 OF 2024 BETWEEN: SMT. YASHASWINI B. E., W/O. GURUPRASAD T. R., D/O. D. M. ESHWARAPPA, AGED ABOUT 34 YEARS, RESIDING AT NO. 07, 1ST CROSS, 3RD MAIN ROAD, 5TH STAGE, 2ND PHASE BEML LAYOUT, R R NAGAR BENGALURU - 560 098. …PETITIONER (BY SRI. SUHAS G.,ADVOCATE) AND: SRI. GURUPRASAD T. R., AGED ABOUT 36 YEARS, S/O. T. C. RAJANNA, C/O MANJUNATHA, RING ROAD, SBI BANK ROD, CHIKKAHONNENAHALLI HASSAN, PIN CODE - 573 202. …RESPONDENT (BY SRI. K. PRASANNA SHETTY, ADVOCATE) THIS CIVIL PETITION FILED UNDER SECTION 24 OF CPC 1908, PRAYING TO ORDER A TRANSFER OF THE M.C. PETITION Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:301 CP No. 228 of 2024 IN NO. 114/2024 BEFORE THE I ADDL. FAMILY COURT, HASSAN, TO THE FAMILY COURT, BENGALURU. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA ORAL ORDER Heard Sri.Tejas who represents Sri.Suhas.G, learned counsel on record for the petitioner as well as Sri.K.Prasanna Shetty, learned counsel for the respondent. 2. Seeking the Court to transfer M.C.No.114/2024 which is pending before I Additional Family Court, Hassan to the Family Court, Bengaluru, this petition is filed invoking Section 24 of CPC. 3. Learned counsel for the petitioner submits that the petitioner is legally wedded wife of the respondent. The petitioner and respondent gave birth to a child aged about 2 years at present. The said child is being looked after by the petitioner. The petitioner is residing with child at Bengaluru. The respondent moved an application under - 3 - NC: 2025:KHC:301 CP No. 228 of 2024 Section 9 of the Hindu Marriage Act seeking restitution of conjugal rights and the said petition which is numbered as M.C.No.114/2024 is pending before I Additional Family Court, Hassan. The petitioner is travelling from Bengaluru to Hassan along with the child to attend the court on each and every date of adjournment. It has become difficult for the petitioner to attend the Court at Hassan along with the child and therefore, the present petition is filed seeking for transfer. 4. The submission that is made by the respondent on the other hand is that the respondent was working at Bengaluru. He lost his job and therefore, he returned to his native place, Hassan. The respondent is wiling to pay the necessary travelling expenses and therefore, the petition may be dismissed. 5. No material is placed before this Court to show that the respondent had indeed paid any maintenance at least to the child till now. It is not in dispute that the child is staying with the petitioner and the petitioner is thus - 4 - NC: 2025:KHC:301 CP No. 228 of 2024 having the care and custody of the child. The ground urged that the petitioner that is facing inconvenience to travel from Bengaluru to Hassan along with the child is justifiable. Admittedly, the inconvenience which the petitioner is thus facing would be more than the inconvenience which the respondent would face. Therefore, this Court considers desirable to allow the application and grant the relief sought for. 6. Thus, the following: ORDER (i) The Petition is allowed. (ii) M.C.No.114/2024 which is pending before the I Additional Family Court, Hassan is withdrawn and transferred to the Family Court, Bengaluru. (iii) The I Additional Family Court, Hassan is directed to transmit the entire records duly indexed to the Family Court, Bengaluru within one week from the date of receipt of copy of this order. - 5 - NC: 2025:KHC:301 CP No. 228 of 2024 (iv) Both the parties are directed to make their appearance before the Family Court, Bengaluru on 21.02.2025. No further notice is required to be issued. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE NS CT:TSM List No.: 1 Sl No.: 31