- 1 - HC-KAR NC: 2025:KHC:21597 CP No. 283 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. 283 OF 2024 BETWEEN: SMT. VARALAKSHMI B K, W/O K B KUMAR AGED ABOUT 35 YEARS R/O C/O ANUSYAMMA RUDRAPPA TEACHER MATHRUSHRI NILAYA GOVIND RAO LAYOUT SUBASHA NAGAR NELAMANGALA PRESENTLY R/O NO.5819/15 1ST FLOOR, GOVINDARAO BADAVANE NEAR KANVA GARMENTS NELAMANGALA TALUK 562123 BENGALURU RURAL DISTRICT …PETITIONER (BY SRI. MAHESHA V, ADVOCATE) AND: SRI K B KUMAR S/O BAYREGOWDA AGED ABOUT 40 YEARS R/O KADEHALLI VILLAGE DABBEGATTA HOBLI TURUVEKERE TALUK 572227 TUMAKUR DISTRICT …RESPONDENT (RESPONDENT IS SERVED AND UNREPRESENTED) THIS CIVIL PETITION IS FILED UNDER SEC.24 OF CPC, PRAYING TO WITHDRAW THE MC NO. 58/2021 ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC TURUVEKERE AND TRANSFER THE Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:21597 CP No. 283 of 2024 SAME TO THE COURT OF PRL, SENIOR CIVIL JUDGE, NELAMANGALA AND ALLOW THIS PETITION AS PRAYED FOR, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. 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.58/2021 pending on the file of the Senior Civil Judge and JMFC, Turuvekere to the Court of Principal Senior Civil Judge, Nelamangala. 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 10.08.2009 and a daughter was born to the parties from their wedlock. However, due to various reasons, the parties have been residing separately. 4. The husband has filed MC No.58/2021 before The Senior Civil Judge, Turuvekere under Section 13(1)(ia) of the - 3 - HC-KAR NC: 2025:KHC:21597 CP No. 283 of 2024 Hindu Marriage Act, 19551, seeking for divorce. The wife has filed Crl.Misc.No.118/2022 which is pending on the file of II Additional Civil Jude and JMFC., Nelamangala under the provisions of the Protection of Women from Domestic Violence Act, 20052. Seeking for transfer of M.C. No.58/2021, the wife has filed the present petition. 5. It is the contention of the petitioner that the wife is staying along with her parents and is depending on them for the livelihood of herself and the daughter of the parties. That the husband is gainfully employed and having an independent source of income and that the distance between the place of residence of the wife and Turuvekere is nearly 100 kms. Hence, it would cause great hardship for the wife to contest the proceedings initiated by the husband at Turuvekere. Hence, she seeks for allowing of the present petition and granting of the reliefs as sought for. 6. The respondent is served and unrepresented. 1 Hereinafter referred to as the ‘HM Act’ 2 Hereinafter referred to as the ‘DV Act’ - 4 - HC-KAR NC: 2025:KHC:21597 CP No. 283 of 2024 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. 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 the livelihood of herself and her daughter, since the husband is anyway required to travel to Nelamangala for the purpose of contesting the Criminal Misc. No.118/2022 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 SHA3 that while considering cases for transfer of matrimonial proceedings, the convenience of wife will have to be given 3 AIR ONLINE 2022 SC 1268 - 5 - HC-KAR NC: 2025:KHC:21597 CP No. 283 of 2024 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.58/2021 pending on the file of Senior Civil Judge and JMFC., Turuvekere shall stand transferred to the Court of Prl. Senior Civil Judge, Nelamangala; 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.: 52