- 1 - NC: 2025:KHC:6248 CP No. 379 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA CIVIL PETITION NO. 379 OF 2024 BETWEEN: MRS SHWETHA, W/O. HP SHARAN KUMAR, AGED ABOUT 27 YEARS, PRESENTLY RESIDING AT NO. 63, 4TH CROSS, AYAPPA SWAMY TEMPLE, SANTOSH NAGAR, T. DASARAHALLI, BANGALORE - 560 057. …PETITIONER (BY SRI. BALAGI PRASAD H., ADVOCATE FOR SMT. SUNITHA H. SINGH, ADVOCATE) AND: MR. H. P. SHARAN KUMAR, S/O. PARAMESHWARAPPA, AGED ABOUT 37 YEARS, RESIDING AT, HANDARALU VILLAGE, JAVAGAL HOBLI, ARSIKERE TQ. HASSAN - 573 103. …RESPONDENT (BY SRI. CHAMARAJ M., ADVOCATE) THIS CIVIL PETITION FILED UNDER SECTION 24 OF CPC 1908, PRAYING TO TRANSFER THE PETITION G AND WC NO. 6 OF 2024 FILED UNDER SECTION 25 OF THE GUARDIAN AND WARDS ACT ON THE FILE OF THE SENIOR CIVIL JUDGE AND ADDL. CJM, ARASIKERE, HASSAN TO FAMILY COURT AT BANGALORE. Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:6248 CP No. 379 of 2024 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.Balaji Prasad who represents Smt.Sunitha H Singh learned counsel on record for the petitioner. Though Sri.Chamaraj.M is on record representing the respondent, learned counsel failed to make his appearance. 2. This petition is filed seeking the Court to transfer G & WC No.6/2024 which is pending before the Court of Senior Civil Judge, Arsikere to the Family Court, Bengaluru. 3. Learned counsel for the petitioner submits that the petitioner is the legally wedded wife of the respondent. Out of lawful wedlock, a female child was born to them. The said child is aged around six years at present and is under the custody of the petitioner. The petitioner is residing at Bengaluru along with the child. The respondent filed a petition under Section 25 of the Guardians & Wards Act, 1980 seeking the Court to hand over custody of the child to him. The said case is pending before the Court of Senior Civil Judge, Arsikere. The distance - 3 - NC: 2025:KHC:6248 CP No. 379 of 2024 between Bengaluru and Arsikere is around 100kms. The respondent himself at paragraph 6 of the petition filed by him for custody, made a clear mention that the petitioner herein does not have permanent job and that she is residing at Bengaluru along with her child. The petitioner is unable to take up travel from Bengaluru to Arsikere as she is under obligation to look after the child. Therefore, she filed the present petition for transfer of the case. 4. The grounds urged by the petitioner are convincing. Undisputedly, the petitioner is residing along with the child at Bengaluru and proceedings are pending at Arsikere. Basing on the grounds urged which remains unopposed, this Court is of the view that transfer of the case as prayed for is required to be effected. Therefore, the following: ORDER (i) The petition is allowed. (ii) G & WC No.6/2024 which is pending before the Court of Senior Civil Judge, Arsikere is withdrawn and is transferred to the Court of Principal Judge, Family Court, Bengaluru. - 4 - NC: 2025:KHC:6248 CP No. 379 of 2024 (iii) The Court of Senior Civil Judge, Arsikere is directed to transmit the entire record in G & WC No.6/2024 duly indexed to the Court of Principal Judge, Family Court, Bengaluru within one week from the date of receipt of copy of this order. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE DS CT:TSM List No.: 1 Sl No.: 41