- 1 - HC-KAR NC: 2025:KHC:21499 CP No. 356 of 2023 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. 356 OF 2023 BETWEEN: MRS NAGEEN TAJ W/O IMRAN PASHA AGED ABOUT 26 YEARS R/A BEVINAMARADAPALYA N M PURA POST, YEDIUR HOBLI KUNIGAL TALUK TUMKUR DISTRICT PIN-572130 …PETITIONER (BY SRI. SHANKARANARAYANA BHAT N,ADVOCATE) AND: MR IMRAN PASHA S/O MOHAMMAD DASTHAGIR AGED ABOUT 35 YEARS R/A NO.19, 14TH CROSS 11TH MAIN, BHUVANESHWARINAGARA R T NAGARA BENGALURU-560032 …RESPONDENT (BY SRI. DASTAGIR, ADVOCATE) THIS CIVIL PETITION IS FILED UNDER SEC.24 OF CPC, PRAYING TO ORDER THE TRANSFER OF THE CASE FILED BY THE RESPONDENT IN THE VI ADDL. PRL. JUDGE, FAMILY COURT, BENGALURU NORTH TALUK, BENGALURU IN O.S. NO.287/2023 TO THE COURT OF THE SENIOR CIVIL JUDGE AT KUNIGAL IN TUMKUR DISTRICT FOR ADJUDICATION IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:21499 CP No. 356 of 2023 CORAM: HON'BLE MR JUSTICE C.M. POONACHA ORAL ORDER The present petition is filed under Section 24 of the Code of Civil Procedure, 19081 by the wife seeking for transfer of OS.No.287/2023 pending on the file of the VI Additional Principal Judge, Family Court Bengaluru, to the Court of the Senior Civil Judge, Kunigal in Tumkur District. 2. Heard submissions of learned counsel Sri Shankaranarayana appearing for the petitioner. Notice issued to the respondent is served and the respondent is unrepresented. 3. The relevant facts forthcoming from the records are that the marriage between the parties was solemnized on 19.10.2014 at Divya Conventional Hall, KSRTC Depot Road, Kunigal and from the said wedlock two children was born to the parties. That the parties were residing together in the matrimonial home for some time. However, due to various reasons, the parties have been residing separately from 1 Hereinafter referred as to ‘CPC’ - 3 - HC-KAR NC: 2025:KHC:21499 CP No. 356 of 2023 14.04.2023. The petitioner – wife is living along with her parents at the address mentioned in the cause title. The respondent - husband has filed OS.No.287/2023 which is pending on the file of the VI Additional Principal Judge, Family Court Bengaluru. Seeking for transfer the present petition is filed by the wife. 4. It is the contention of the learned counsel for the petitioner that the husband is gainfully employed and has an independent source of income. That the wife is staying along with her parents at the address mentioned in the cause title. That the wife is working as a coolie and she is depending on her parents for the livelihood of herself and her children. That the distance between the place of residence of the wife and Bengaluru is more than 90 kms. Hence, it would cause great hardship to the wife to contest the proceedings initiated by the husband at Bengaluru. 5. Having regard to the fact that the husband is gainfully employed and that the distance between place of residence of the wife and Bengaluru is more than 90 Kms as also due to fact that the wife is depending on her parents for - 4 - HC-KAR NC: 2025:KHC:21499 CP No. 356 of 2023 livelihood of herself and her children, it is clear that the wife will be put to great hardship if she is required to travel to Bengaluru for contesting the proceedings initiated by the husband. 6. On the other hand, the husband is stated to be employed having an independent source of income. Having regard to the same and having regard to 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 for in the present petition be granted. 7. In view of the aforementioned, the following order is passed: ORDER i. The above petition is allowed; ii. OS.No.287/2023 pending on the file of the VI Additional Principal Judge, Family Court 2 AIR ONLINE 2022 SC 1268 - 5 - HC-KAR NC: 2025:KHC:21499 CP No. 356 of 2023 Bengaluru, shall transferred to the Court of the Senior Civil Judge, Kunigal, Tumkur District; iii. The petitioner shall appear before the transferee Court on 30.07.2025 without the requirement of any further notice being issued in this regard; iv. Consequent to appearance of the petitioner, 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 PNV List No.: 1 Sl No.: 41