- 1 - NC: 2025:KHC:15036 CP No. 346 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF APRIL, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI CIVIL PETITION NO. 346 OF 2023 BETWEEN: SMT M.G.HARSHITHA W/O SRI.GIRISH KUMAR, AGED ABOUT 28 YEARS, R/AT NO 823, 6TH B CROSS, T.DASARAHALLI, HESARAGHATTA MAIN ROAD, BENGALURU CITY -560 057 …PETITIONER (BY SRI.C.R.GOPALASWAMY, SENIOR COUNSEL A/W SRI.BHARGAV G., ADVOCATE) AND: SRI.GIRISH KUMAR N., S/O LATE SRI T.NAGARAJ, AGED ABOUT 35 YEARS, R/AT NO 67, 7TH CROSS, 4TH BLOCK, NANDINI LAYOUT, BENGALURU -560 096 …RESPONDENT (BY SRI. VINAY S.N., ADVOCATE) THE CIVIL PETITION FILED UNDER SEC.24 OF CPC, PRAYING TO TRANSFER THE M.C. 97/2022 PETITION VIDE F.R.NO. 96/2022 (ANNEXURE G AND H) PENDING ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC, KUNIGAL, TUMKUR TO BANGALORE FAMILY COURT AND THEREAFTER, DEAL WITH MATTER IN ACCORDANCE WITH LAW, IN THE INTEREST OF JUSTICE AND PASS SUCH OTHER ORDER/S WHICH ARE DEEMED TO BE FIT IN THE NATURE AND CIRCUMSTANCE OF THE ABOVE CASE, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by MEGHA MOHAN Location: High Court Of Karnatka - 2 - NC: 2025:KHC:15036 CP No. 346 of 2023 CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER The present petition is filed by the petitioner/wife seeking transfer of M.C.No.97/2022 filed by the respondent/husband pending on the file of Senior Civil Judge and JMFC, Kunigal, Tumkur to Family Court, Bangalore. 2. The parties are referred to as husband and wife for the sake of convenience. 3. The brief facts of the case are that the marriage between the petitioner and the respondent was solemnized on 06.02.2014 and in the wedlock, they are blessed with a girl child on 22.02.2018 and the girl is a special child who requires special attention and the wife is taking care of the child. After the disputes arose between the parties, on 12.12.2022, the husband had filed M.C.No.97/2022 before the Principal Senior Civil Judge, Kunigal. The wife had filed Crl.Misc.No.213/2023 before the Family Court at Bengaluru seeking maintenance. The wife had also filed Crl.Misc.No.47/2023 under Section 12 of the Domestic Violence Act before the 3rd MMTC, Bengaluru. - 3 - NC: 2025:KHC:15036 CP No. 346 of 2023 4. Learned Senior counsel appearing for the wife submits that the distance between Bangalore and Kunigal is about 80 kilometers and when both the parties are residing in Bengaluru, only to harass the wife, the petition is filed at Kunigal and the same has to be transferred considering the inconvenience being caused to the wife. 5. Learned counsel appearing for the husband submits that though the husband was residing in Bengaluru earlier, now he is doing agriculture and residing in Kunigal, as such, it is difficult for him if the matter is transferred from Kunigal to Bengaluru. It is submitted that no document is placed before the Court to show that the child is a special child. 6. Having heard the learned counsels on either side, perused the entire material on record. It is an admitted fact that the marriage had taken place at Bengaluru and both the parties were staying together at Bengaluru and even the brother of the respondent has given a private complaint against the petitioner and her parents showing his address at Bengaluru. According to the husband, earlier he was in Bengaluru and now he is doing agriculture at Kunigal. Even - 4 - NC: 2025:KHC:15036 CP No. 346 of 2023 assuming that the husband is staying at Kunigal, there are two cases, a petition filed under the D.V. Act and the petition seeking maintenance is pending in the Courts at Bengaluru. The husband has to come to Bengaluru to attend those cases. Even otherwise, considering the distance of 80 kilometers and as the wife has to take care of the special child, this Court deems it appropriate to pass the following order: ORDER i. M.C.No.97/2022 filed by the respondent pending on the file of Senior Civil Judge and JMFC, Kunigal, Tumkur, is withdrawn and the same is transferred to the Family Court, Bangalore. ii. Accordingly, the Civil Petition is allowed. iii. All I.As. in this Civil Petition shall stand closed. Sd/- (LALITHA KANNEGANTI) JUDGE MEG List No.: 1 Sl No.: 30