- 1 - NC: 2025:KHC:877 CP No. 314 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA CIVIL PETITION NO. 314 OF 2024 BETWEEN: SMT. PRIYANKA G. M., W/O. BHARATH C., D/O. MALLIKARJUN, AGED ABOUT 32 YEARS, R/O MALLIKARJUNA NILAYA, 4TH BLOCK, 6TH CROSS, MAHALAKSHMI LAYOUT, BEHIND VENKATESHWARA TEMPLE, BATAWADI, TUMKURU - 572 102. …PETITIONER (BY SRI. KISHAN G. S.,ADVOCATE) AND: BHARATH C., S/O LATE CHENNAPPA, AGED ABOUT 35 YEARS, R/A NO.17, LAKSHMI NIVASA, DHANALAKSHMI LAYOUT, VIRUPAKSHAPURA, KODIGE HALLI, BENGALURU - 560 097. …RESPONDENT (BY SMT. VASANTHA LAKSHMI H. V., ADVOCATE) THIS CIVIL PETITION FILED UNDER SECTION 24 OF CPC, PRAYING TO WITHDRAW THE CASE MC NO.5016/2023 FROM THE COURT OF VI ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BANGALORE AND TRANSFER THE SAME TO THE COURT OF THE PRINCIPAL JUDGE, FAMILY COURT AT TUMKUR FOR THE DISPOSAL IN ACCORDANCE WITH LAW. Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:877 CP No. 314 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.Kishan.G.S, learned counsel for the petitioner as well as Smt.Vasantha Lakshmi.H.V, learned counsel for the respondent. 2. This is a petition filed seeking the Court to transfer M.C.No.5016/2023 which is pending before the Court of VI Additional Principal Judge, Family Court, Bengaluru to the Court of Principal Judge, Family Court, Tumkur. 3. Learned counsel for the petitioner submits that the petitioner is legally wedded wife of the respondent. Out of the lawful wedlock, they gave birth to a female child who is now aged about 5 years. The petitioner is looking after the said child and the child is under the custody of the petitioner. The respondent filed a petition seeking divorce and the said case is pending before the - 3 - NC: 2025:KHC:877 CP No. 314 of 2024 Court of VI Additional Principal Judge, Family Court, Bengaluru as M.C.No.5016/2023. Learned counsel also states that the parents of the petitioner both underwent brain surgeries and she has to look after her parents also. That apart she is under great stress and depression. Therefore, she moved the petition seeking transfer of the case. 4. Opposing the grounds urged, learned counsel for the respondent contends that the respondent is working at Bengaluru. The respondent is under obligation to look after his aged, widowed mother. That apart two other cases that are pending between the parties are at the final stage. The case seeking divorce was filed 2 years back and since 2 years the petitioner is attending the Court at Bengaluru. Therefore, the grounds projected are far from truth and thus the petition is not maintainable. 5. The relationship between the parties is not in dispute. Equally it is not in dispute that the child of the parties is under the custody of the petitioner at present - 4 - NC: 2025:KHC:877 CP No. 314 of 2024 and the said child is aged about 5 years at present. The inconvenience which the petitioner would face who is looking after the child also would be more when compared to the inconvenience that the respondent would face for travelling. 6. Having considered the fact that the petitioner is looking after the welfare of the child born out of the wedlock and as the child is 5 years only at present, this Court is of the view that for the paramount welfare of the child, transfer of the case to the place of the petitioner is required. 7. Thus, the following: ORDER (i) The Petition is allowed. (ii) M.C.No.5016/2023 which is pending before the Court of VI Additional Principal Judge, Family Court, Bengaluru is withdrawn and transferred to the Court of Principal Judge, Family Court, Tumkur. - 5 - NC: 2025:KHC:877 CP No. 314 of 2024 (iii) The Court of VI Additional Principal Judge, Family Court, Bengaluru is directed to transmit the entire records in M.C.No.5016/2023 duly indexed to the Court of Principal Judge, Family Court, Tumkur within one week from the date of receipt of copy of this order. (iv) Both the parties are directed to make their appearance before the Court of Principal Judge, Family Court, Tumkur on 20.02.2025. Issuance of further notice to the parties is not required. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE NS CT:TSM List No.: 1 Sl No.: 22