- 1 - NC: 2025:KHC:10201 CP No. 261 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF MARCH, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI CIVIL PETITION NO. 261 OF 2024 BETWEEN: SMT. RAKSHA M. @ SHRUTHI W/O SRI RAMESH N., AGED ABOUT 33 YEARS, PRESENTLY R/AT GEDDALAHALLI CIRCLE, BESIDE SHANTHINATHA MOTOR SHOW ROOM, TUMKUR CITY-572 102 PREVIOUSLY R/AT MARUTHI KRUPA, 5TH A CROSS, MARUTHINAGAR, TUMKUR-572 101 …PETITIONER (BY SRI. R.D.SADASHIVAPPA, ADVOCATE) AND: RAMESH N., S/O LATE SRI NANJUNDA, AGED ABOUT 39 YEARS, R/AT OLD ADDRESS NO. 8/4, SRK NILAYA, HOSAKEREHALLI MAIN ROAD, BYATARAYANAPURA MYSORE ROAD, BENGALURU-560 026 PRESENTLY R/AT NO. 1/19, 13TH CROSS, VITTAL NAGARA BENGALURU-560 026. …RESPONDENT (BY SRI. RAGHU PRASAD B.S., ADVOCATE) THIS CIVIL PETITION FILED UNDER SEC. 24 OF THE CIVIL PROCEDURE CODE, 1908, PRAYING TO TRANSFER M.C.NO.5/2022 PENDING ON THE FILE OF THE 4TH ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BENGALURU TO THE COURT OF THE PRINCIPAL Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:10201 CP No. 261 of 2024 JUDGE, FAMILY COURT, TUMKUR WHERE CRL. MISC. NO.12/2024 IS PENDING, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER The present petition is filed by the petitioner/wife seeking transfer of MC.No.5/2022 filed by the respondent/husband pending on the file of the 4th Additional Principal Judge, Family Court, Bengaluru, to the Court of the Principal Judge, Family Court, Tumkur, where Crl.Misc.No.12/2024 is pending. 2. The parties are referred to as husband and wife for the sake of convenience. 3. The facts of the case are that the marriage between the petitioner and the respondent was solemnized on 23.11.2020 at Tumkur. The parties were residing together for a period of three months in Bengaluru. In view of the differences between the parties, the wife went to stay along with her parents at Tumkur. The husband has filed MC.No.5/2022 before the 4th Additional Principal Judge, Family Court, Bengaluru. Thereafter, on 08.01.2024, the wife has filed Crl.Misc.No.12/2024 under Section 125 of Cr.P.C. seeking - 3 - NC: 2025:KHC:10201 CP No. 261 of 2024 maintenance and the same is pending consideration before the Family Court, Tumkur. It is stated that the wife is permanent resident of Tumkur and it is difficult for her to travel to Bengaluru to attend the case. Hence, it is prayed that MC.No.5/2022 pending on the file of the 4th Additional Principal Judge, Family Court, Bengaluru, may be transferred to the Family Court, Tumkur, where Crl.Misc.No.12/2024 filed by the wife is pending consideration. 4. Learned counsel appearing for the wife submits that as per the provisions of the Family Courts Act, the case can be filed where the wife is residing or where she has last resided. It is stated that the wife has resided in Bengaluru for a very short time and she is admittedly staying in Tumkur, as such there is every reason to transfer this petition from Bengaluru to Tumkur considering the inconvenience that is being caused to the wife. 5. Learned counsel appearing for the husband submits that the petition is filed in the year 2022 and the wife had appeared before the Court from the year 2022 to 2024 and she has also filed an I.A. seeking maintenance and the Court had granted maintenance of an amount of Rs.10,000/-. Aggrieved - 4 - NC: 2025:KHC:10201 CP No. 261 of 2024 thereby, the husband had filed a writ petition and the Court had reduced the maintenance from an amount of Rs.10,000/- to an amount of Rs.5,000/-. It is also submitted that a case is filed against the parents of the respondent/husband under Section 498-A of IPC and thereafter, she has filed a petition under Section 482 of the Code of Criminal Procedure. This Court had stayed the further proceedings. Learned counsel submits that now the petition is coming up for the cross- examination of the husband and on each date of hearing, her presence is not required and if she appears before the Court for her examination-in-chief and the cross-examination, if stay was not granted by this Court, by this time, the entire proceedings would have been concluded. He submits that there are no grounds to transfer the petition and except stating that it is inconvenient to the wife, nothing else has been stated as to how she was able to appear before the Court from the year 2022 to 2024 and in fact, she filed the petition and sought for an order and no reasons are stated in the application. He submits that no grounds are made out seeking transfer and the petition needs to be dismissed. - 5 - NC: 2025:KHC:10201 CP No. 261 of 2024 6. Having heard the learned counsels on either side, perused the entire material on record. Whenever the transfer applications are filed before the Court, generally, the Court will take into consideration the inconvenience that is caused to the wife and it differs from case to case. In this case, this petition is filed in the year 2024 stating that the wife is residing in Tumkur and it is difficult for her to travel from Tumkur to Bengaluru. The view of the Court would have been altogether different, had the wife approached the court at the earliest, but this is the case where the wife has appeared before the Court at Bengaluru from the year 2022 to 2024 and when she was conveniently attending the Court between the year 2022 and 2024, what are the reasons that made her to file this petition in the year 2024 is not stated and that apart, the learned Judge had spent considerable time on this case and heard the matter and at this stage after the trial has commenced, it is not appropriate to transfer the case from Bengaluru to Tumkur. 7. Considering the facts and circumstances of this case, this Court finds no reason to transfer the case. Hence, this Court is passing the following order: - 6 - NC: 2025:KHC:10201 CP No. 261 of 2024 ORDER i. Accordingly, this Civil Petition is dismissed. ii. All I.As. in this Civil Petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE MEG List No.: 2 Sl No.: 11