- 1 - NC: 2025:KHC:7132 CP No. 304 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA CIVIL PETITION NO. 304 OF 2024 BETWEEN: SMT. SWETHA, W/O SRI MAHADESHA V., AGED ABOUT 37 YEARS, PRESENTLY R/A SITE NO.183, WARD NO.35, SWAMY VIVEKANANDA, BADAVANE, LAGAN KALYANA MANDIRA ROAD, NEAR GOOD LUCK CIRCLE, GADIKOPPA SHIVAMOGGA-577 205. ALSO AT: R/AT VENKATESHPURA, BYALADAMARA VILLAGE, JANAKKAL POST-577 527. HOLALKERE TALUK, CHITHRADURGA DISTRICT. …PETITIONER (BY SRI. H. MALATESH, ADVOCATE) AND: SRI. MAHESHA V., S/O LATE SRI. VEERANNA, AGED ABOUT 37 YEARS, R/AT FLAT NO.204, ROSHAN IDEAL HOMES APARTMENT, RAJARAJESHWARI NAGAR, BENGALURU-560 098. …RESPONDENT (BY SRI. ARUN K S., ADVOCATE) Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:7132 CP No. 304 of 2024 THIS CIVIL PETITION FILED UNDER SECTION 24 OF CPC 1908, PRAYING TO TRANSFER THE PROCEEDINGS IN M.C.NO.3841/2024 FILED BY THE RESPONDENT HUSBAND UNDER SECTION 13(1)(I-A) OF THE HINDU MARRIAGE ACT,1955, PENDING IN THE FILE OF I ADDL. PRINCIPAL JUDGE FAMILY COURT AT BENGALURU KINDLY BE TRANSFERRED TO FAMILY COURT A SHIVAMOGGA, FOR DISPOSAL IN ACCORDANCE WITH LAW. 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.H.Malatesh learned counsel for the petitioner as well as Sri.Arun.K.S learned counsel for the respondent. 2. This is a petition filed seeking the Court to transfer MC No.3841/2024 which is pending before the Court of I Additional Principal Judge, Family Court, Bengaluru to the Family Court, Shivamogga. 3. Learned counsel for the petitioner submits that the petitioner is the legally wedded wife of the respondent. Due to the disputes that arose between them, they are residing separately. Out of lawful wedlock, they gave birth to two children. The elder child is in 5th standard and the younger child is in 3rd standard. Both the children are being looked after by - 3 - NC: 2025:KHC:7132 CP No. 304 of 2024 the petitioner and the children are under her custody. The petitioner being a woman and under the obligation to look after the children, is unable to take up travel from Shivamogga, where she resides, to Bengaluru, where the case is pending. Therefore, she filed the petition seeking transfer of the case and hence, her request may be considered. 4. Gone through the contents of the statement of objections filed by the respondent. 5. Learned counsel for the respondent submits that the respondent is an employee in a bank and he is working at Bengaluru. The respondent is under obligation to look after his aged mother. The petitioner voluntarily left the company of the respondent, she left the house along with the children. She filed series of cases against the respondent. That apart, the respondent is paying a sum of Rs.6,000/- per month for the maintenance of the petitioner and children. The respondent would face much inconvenience in case, the case is transferred and therefore, the petition is liable to be dismissed. Learned counsel in support of the submission placed reliance upon the order that is rendered by this Court in Civil Petition - 4 - NC: 2025:KHC:7132 CP No. 304 of 2024 No.370/2024 dated 07.01.2025 between Smt.Sushmitha and Sri.Raghavendra.B.R. 6. It is not in dispute that the place where the petitioner is residing at present i.e., Shivamogga is at distance of around 280 kms from Bengaluru, where the case is pending. Equally, it is not in dispute that the children are being looked after by the petitioner. The facts of the case basing which the Court rendered decision that is referred supra are distinguishable. The respondent cannot claim that he is paying Rs.6,000/- per month for the maintenance of the petitioner and the children and therefore, the same is sufficient for the petitioner to attend the Court. Admittedly, the inconvenience that is being faced by the petitioner as projected through the petition is greater than the inconvenience which the respondent would face in case, the case is transferred. Therefore, this Court is of the view that transfer as prayed for is required to be effected. Thus, the following: ORDER (i) The petition is allowed. (ii) M.C.No.3841/2024 which is pending before the Court of I Additional Principal Judge, Family Court, - 5 - NC: 2025:KHC:7132 CP No. 304 of 2024 Bengaluru is withdrawn and is transferred to the Family Court, Shivamogga. (iii) The Court of I Additional Principal Judge, Family Court, Bengaluru is directed to transmit the entire record in MC No.3841/2024 duly indexed to the Family Court, Shivamogga within one week from the date of receipt of copy of this order. (iv) Parties to the proceedings are directed to appear before the Family Court, Shivamogga on 07.04.2025. (v) Issuance of further notice is not required. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE DS CT:TSM List No.: 1 Sl No.: 30