- 1 - HC-KAR NC: 2025:KHC:19240 CP No. 266 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE C.M. POONACHA CIVIL PETITION NO. 266 OF 2024 BETWEEN: SMT. B.M.NITHYA, W/O. SRI. K.C. SANDEEP, D/O. SRI. MANJUNATH, AGED ABOUT 28 YEARS, OCC: HOUSE HOLD, R/AT. NO.7, MANDARA NILAYA, 2ND CROSS, CHOWDESHWARI LAYOUT, CHITRADURGA TOWN, CHITRADURGA - 577 501. …PETITIONER (BY SRI. NAGENDRA KUMAR K., ADVOCATE) AND: SRI. K.C.SANDEEP, S/O. SRI. CHANNABASAPPA, AGED ABOUT 35 YEARS, OCC: PRIVATE COMPANY EMPLOYEE, R/AT.OLD CANARA BANK ROAD, HULIYAR TOWN, CHIKKANAYAKANAHALLI TALUK, TUMUKUR DISTRICT – 572 218. …RESPONDENT (RESPONDENT IS SERVED AND UNREPRESENTED) THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF THE CIVIL PROCEDURE CODE, 1908, PRAYING TO A) PASS AND ORDER FOR THE TRANSFER OF M.C.NO.24/2024 ON THE FILE OF PENDING BEFORE THE SENIOR CIVIL JUDGE AND JMFC, Digitally signed by BHARATHI S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:19240 CP No. 266 of 2024 CHIKKANAYAKANAHALLI, AT TUMAKURU TO COURT OF THE PRINCIPAL CIVIL JUDGE AND JMFC, AT CHITRADURGA AND CLUBBED WITH THE CRIMINAL MISCELLANEOUS NO.321/2024 ON THE FILE OF PENDING BEFORE THE PRINCIPAL CIVIL JUDGE AND JMFC, AT CHITRADURGA, IN THE INTEREST OF JUSTICE AND EQUITY, ETC. THIS CIVIL 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 under Section 24 of the Code of Civil Procedure, 1908, by the petitioner-wife seeking for transfer of M.C.No.24/2024, pending on the file of the Senior Civil Judge and JMFC, Chikkanayakanahalli, at Tumakuru, to the Court of the Principal Civil Judge and JMFC, at Chitradurga. 2. For the sake of convenience, the parties herein are referred to as per their status of their relationship. 3. The relevant facts in a nutshell leading to the present petition are that the marriage between the parties was solemnized on 02.12.2020 and a daughter is born on to the parties from their marriage on 21.08.2021. The parties resided together in the matrimonial home for sometime. However, due to various reasons, since their relationship strained, the parties started residing separately. - 3 - HC-KAR NC: 2025:KHC:19240 CP No. 266 of 2024 4. Thereafter, petitioner-wife filed Crl.Misc. No.321/2024 under the provisions of the Protection of Women from Domestic Violence Act, 2005, ('D.V. Act' for short) on the file of the Court of Principal Civil Judge and JMFC, at Chitradurga. The respondent-husband filed a petition in M.C.No.24/2024 under Section 9 of the Hindu Marriage Act, 1955 ('H.M. Act' for short), seeking for restitution of conjugal rights, on the file of the Court of Senior Civil Judge and JMFC, Chikkanayakanahalli, at Tumakuru. Seeking for transfer of M.C.No.24/2024, the petitioner-wife has filed the present petition. 5. Sri. Nagendra Kumar K., learned counsel for the petitioner-wife contends that the petitioner-wife is taking care of the daughter of the parties and has no independent source of income. That the wife is dependent on her parents for the livelihood of herself and the daughter of the parties. He further contended that the distance between the place of residence of the petitioner-wife at Chitradurga and Chikkanayanakanahalli at Tumakuru is about 150 kms. and it would be inconvenient for the wife to effectively contest the proceedings initiated by the husband at Tumakuru. Hence, he seeks for allowing of the present petition and granting of the relief as sought for. - 4 - HC-KAR NC: 2025:KHC:19240 CP No. 266 of 2024 5.1. Learned counsel for the petitioner-wife further submits that the prayer in the present petition ought to be read as 'Principal Senior Civil Judge and JMFC, Chitradurga'. 6. The respondent-husband has been served and un- represented. 7. The submissions of the learned counsel for the petitioner-wife have been considered and the material on record has been perused. The question that arises for consideration is, whether the relief sought for in the present petition is liable to be granted? 8. The matrimonial relationship between the parties and the pendency of the legal proceedings between them, as also the fact that they have a daughter, who is currently aged about four years are not disputed, as is forthcoming from the records. It is further forthcoming from the records that it is the assertion of the petitioner-wife that the respondent-husband is staying at Chikkanayakanahalli at Tumakuru District and is carrying on business and is having a proper avocation and a source of income. - 5 - HC-KAR NC: 2025:KHC:19240 CP No. 266 of 2024 9. In view of the contention of the petitioner that the daughter of the parties is under the care and custody of the petitioner-wife and that she is solely dependent on her parents for livelihood of herself as well as the daughter of the parties and also the fact that the distance between the place of residence of the petitioner at Chitradurga is more than 150 kms., as also in view of 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 SHA1 that while considering cases for transfer of matrimonial proceedings, the convenience of the wife will have to be given precedence to, it is just and proper that the relief sought in the present petition be granted. Accordingly, the question framed for consideration is answered in the affirmative. 10. In view of the aforementioned, the following order is passed: ORDER i. The above petition is allowed; 1 AIR ONLINE 2022 SC 1268 - 6 - HC-KAR NC: 2025:KHC:19240 CP No. 266 of 2024 ii. M.C.No.24/2024 pending on the file of the Senior Civil Judge and JMFC, Chikkanayakanahalli, at Tumakuru, shall stand transferred to the Court of the Principal Senior Civil Judge and JMFC, at Chitradurga; iii. The petitioner shall appear before the transferee Court on 03.07.2025, without the requirement of any further notice being issued in this regard; iv. Consequent to appearance of the petitioner, before the Transferee Court, 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 BMV* List No.: 1 Sl No.: 47