- 1 - HC-KAR NC: 2025:KHC:24290 CP No. 372 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA CIVIL PETITION NO. 372 OF 2024 BETWEEN: SMT DEEPA W/O RAMESH V AGED ABOUT 30 YEARS, NO. 477/1, 2ND CROSS, VENKA BOVI COLONY DAVANGERE-577001 …PETITIONER (BY SRI. MURTUZA ALI BAIG, ADVOCATE) AND: SRI RAMESH V S/O VENKATESH AGED ABOUT 31 YEARS ADDRESS AT NO. 54, 1ST FLOOR 1ST CROSS, VIJAYNAGAR BENGALURU-560040. …RESPONDENT (BY SRI. SHARANAGOUDA S PATIL, ADVOCATE) THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF THE CODE OF CIVIL PROCEDURE PRAYING TO TRANSFER THE CASE MC NO. 4374/2024 PENDING ON THE FILE OF II ADDL PRINCIPAL JUDGE, FAMILY COURT BENGALURU, KARNATAKA TO PRL FAMILY COURT DAVANGERE KARNATAKA, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS PETITION, COMING ON FOR HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE C.M. POONACHA Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:24290 CP No. 372 of 2024 ORAL ORDER The present petition is filed by the petitioner/wife seeking for transfer of MC No.4374/2024 pending on the file of the II Addl. Prl. Judge, Family Court, Bengaluru to the Principal Family Court Davanagere. 2. For the sake of convenience, the parties herein are referred to as per their relationship. 3. The relevant facts necessary for consideration of the present petition are that the marriage between the parties was solemnized on 27.04.2020 and the parties lived together for sometime. However, from the year 2021, the parties have been residing separately. 4. The husband has instituted MC No.4374/2024 under Section 13(1) (i-a) of the Hindu Marriage Act, 19551 seeking for divorce which is pending before the II Additional Principal Judge, Family Court, Bengaluru. The wife has filed M.C. No.334/2024 under Section 9 of the Act of 1955 for restitution of conjugal rights which is pending before the Family Court, Davanagere. The wife has also filed Criminal 1 Hereinafter referred to as the Act of 1955 - 3 - HC-KAR NC: 2025:KHC:24290 CP No. 372 of 2024 Misc. No.968/2024 under the provisions of the Protection of Women from Domestic Violence Act, 20052 which is pending before the jurisdictional Court of Davanagere. Seeking for transfer of M.C. No.4374/2024 filed by the husband, the wife has filed the present petition. 5. It is the contention of the learned counsel for the petitioner that the wife is staying along with her parents at the address mentioned in the cause title and is dependant on them for her livelihood. That the husband is gainfully employed and has an independent source of income. That great hardship will be caused to the wife, if she is required to travel to Bengaluru for the purpose of contesting the proceedings initiated by the husband. Hence, he seeks for allowing of the present petition and granting of the reliefs as sought for. 6. The submissions of the learned counsel for the petitioner and learned counsel for the respondent have been considered and the material on record has been perused. 2 Hereinafter referred to as the ‘Act of 2005 - 4 - HC-KAR NC: 2025:KHC:24290 CP No. 372 of 2024 7. The relationship between the parties and the pendency of the legal proceedings between the parties are a matter of record. 8. Having regard to the fact that the wife is staying along with her parents and is dependant on them for her livelihood, as also keeping in mind the fact that the distance between the place of residence of the wife and Bengaluru is about 300 kms, since the husband is gainfully employed, having an independent source of income, as also that in any event, he will be required to travel to Davanagere for the purpose of contesting the proceedings initiated by the wife and keeping in mind 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 SHA3 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 in the present petition be granted. 9. In view of the aforementioned, the following order: 3 AIR ONLINE 2022 SC 1268 - 5 - HC-KAR NC: 2025:KHC:24290 CP No. 372 of 2024 ORDER i. The above petition is allowed; ii. MC.No.4374/2024 pending on the file of II Additional Principal Judge, Family Court, Bengaluru shall stand transferred to the Court of Prl. Family Court, Davanagere; iii. The parties 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 transfer, 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 BS List No.: 1 Sl No.: 73