- 1 - HC-KAR NC: 2025:KHC:21593 CP No. 289 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. 289 OF 2024 BETWEEN: SMT MEGHA W/O RAGHURAMA MANDAGADDU RAJU NAIK D/O N K MOHAN KUMAR AGED ABOUT 33 YEARS R/AT D NO 2-120/1A1 PADU PERARA VILLAGE MANGALURU TALUK D K DISTRICT 574142 …PETITIONER (BY SRI. ASHOK KUMAR SHETTY K, ADVOCATE) AND: SRI RAGHURAMA M.R S/O RAJU NAIK R AGED ABOUT 39 YEARS R/AT DEVI NILAYA SOMINAKOPPA ROAD INFRONT OF HANUMAN TEMPLE J H PATEL EXTENSION KOTE GUNGURU SHIVAMOGGA 577204 …RESPONDENT (RESPONDENT IS SERVED AND UNREPRESENTED) THIS CIVIL PETITION IS FILED UNDER SEC.24 OF CPC, PRAYING TO PASS AN ORDER TO TRANSFER M.C. NO.57/2024 FROM THE COURT OF PRINCIPAL JUDGE, FAMILY COURT, SHIVAMOGGA TO THE COURT OF PRINCIPAL FAMILY JUDGE, MANGALURU AND GRANT SUCH OTHER RELIEF/S AS IT MAY DEEM FIT TO GRANT TO THIS HONBLE COURT IN THE FACTS AND CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE AND ETC. Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:21593 CP No. 289 of 2024 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.57/2024 pending on the file of the Principal Judge, Family Court, Shivamogga to the Court of Principal Family Judge, Mangaluru. 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 06.10.2013 and a daughter was born to the parties from their wedlock. However, due to various reasons, the parties have been residing separately. 4. The wife has filed M.C. No.29/2024 under Section 13(1)(i-a) (i-b) of the Hindu Marriage Act, 19551, seeking for divorce. The husband has filed M.C. No.57/2024 under Section 9 of the H.M. Act for restitution of conjugal rights 1 Hereinafter referred to as the ‘HM Act’ - 3 - HC-KAR NC: 2025:KHC:21593 CP No. 289 of 2024 before the file of Prl. Judge, Family Court, Shivamogga. Seeking for transfer of M.C. No.57/2024, 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 Shivamogga is nearly 350 kms. Hence, it would cause great hardship for the wife to contest the proceedings initiated by the husband. Hence, she seeks for allowing of the present petition and granting of the reliefs as sought for. 6. The respondent is served and unrepresented. 7. The submissions of the learned counsel for the petitioner have been considered and the material on record has been perused. - 4 - HC-KAR NC: 2025:KHC:21593 CP No. 289 of 2024 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, that the husband is in any event required to travel to Mangaluru for the purpose of contesting the M.C. No.29/2024 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 SHA2 that while considering cases for transfer of matrimonial proceedings, the convenience of wife will have to be given 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; 2 AIR ONLINE 2022 SC 1268 - 5 - HC-KAR NC: 2025:KHC:21593 CP No. 289 of 2024 ii. MC No.57/2024 pending on the file of the Principal Judge, Family Court, Shivamogga shall stand transferred to the Court of Principal Family Judge, Mangaluru; iii. The petitioner shall appear before Principal Family Judge, Mangaluru on 07.07.2025. iv. It shall be open to the learned Principal Family Judge, Mangaluru to assign the transferred case to any other Court. v. Consequent to transfer, the transferee Court shall conduct further proceedings in accordance with law; vi. All contentions of the parties are left open. SD/- (C.M. POONACHA) JUDGE BS List No.: 1 Sl No.: 53