- 1 - HC-KAR NC: 2025:KHC:24015 CP No. 362 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. 362 OF 2024 BETWEEN: SMT. SIRI @ DHANALAKSHMI W/O ANIL KUMAR C.V., D/O SRINIVASA G, AGED ABOUT 43 YEARS, RESIDING AT NO. 57, SAMRUDHI UNIVERSITY LAYOUT, 5TH STAGE, RAJARAJESHWARI NAGARA, BENGALURU - 560 098. …PETITIONER (BY SRI. JAMUNA BAI R.,ADVOCATE) AND: SRI. ANIL KUMAR. C. V. S/O LATE N C VENU, AGED ABOUT 47 YEARS, RESIDING AT NO. 115/1, CHEEMANGALA VILLAGE, SIDLAGHATTA TALUK, CHIKKABALLAPURA DISTRICT,. PIN 562 105 …RESPONDENT (BY SRI. CHETHAN A C., AGA) THIS CIVIL PETITION IS FILED UNDER SEC.24 OF CPC, PRAYING TO (I) PASS APPROPRIATE ORDER OR DIRECTION FOR WITHDRAWAL AND TRANSFER OF CASE M.C. NO.35/2024 PENDING ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:24015 CP No. 362 of 2024 AT SIDLAGHATTA, CHIKKABALLAPURA DISTRICT TO THE FAMILY COURT AT BANGALORE AND ETC. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE C.M. POONACHA ORAL ORDER The present petition is filed under Section 24 of the Civil Procedure Code, 1908 (CPC) by petitioner/wife seeking for transfer of M.C.No.35/2024 pending before the Senior Civil Judge & JMFC, Sidlaghatta, Chikkaballapura District to the Family Court at Bangalore. 2. It is forthcoming from the records that the marriage between the parties was solemnized on 07.12.2001 and the parties lived together for sometime in their matrimonial house. A son was born to the parties from the wedlock on 13.08.2004. Due to various reasons, the parties have been living separately since 14.01.2005. 3. The petitioner/wife has filed M.C.No.3060/2024 under Section 13(1)(i-a) of the Hindu Marriage Act, 19551 which is 1 Hereinafter referred to as Act 1955 - 3 - HC-KAR NC: 2025:KHC:24015 CP No. 362 of 2024 pending before the Principal Judge, Family Court, Bangalore. The petitioner/wife has also filed Crl.Misc.No.89/2024 under Section 12 of the Protection of Woman from Domestic Violence Act, 2005 as well as a complaint under Section 498A of Indian Penal Code which are pending before the jurisdictional Courts at Bangalore. The husband/respondent has filed M.C.No.35/2024 under Section 9 of the Act, 1955 which is pending before the Senior Civil Judge and JMFC, Sidlaghatta. The husband/respondent has also filed O.S.No.5418/2024 for declaration which is pending before the City Civil Court, Bangalore. Seeking for transfer of M.C.No.35/2024 the petitioner /wife has filed the present petition. 4. Heard submissions of Smt. Jamuna Bai, learned counsel for the petitioner/wife and Sri. Chethan A.C, learned counsel for the respondent/husband. 5. It is vehement contention of the learned counsel for the petitioner that the husband himself having instituted proceeding in O.S.No.5418/2024 before City Civil Court, Bangalore, the relief sought for in the present petition is required to be granted. It is further stated that the son of the - 4 - HC-KAR NC: 2025:KHC:24015 CP No. 362 of 2024 parties is under care and custody of the petitioner/wife and hence she would be put to great hardship if she is required to travel to Sidlaghatta for the purpose of contesting M.C.No.35/2024 filed by the husband. Hence, she seeks for allowing of the petition. 6. Per contra, learned counsel for the respondent opposes for grant of relief in the present petition and submits that the husband is suffering from various medical aliments due to which great hardship will be caused to him for the purpose of traveling to Bangalore for prosecuting the proceedings initiated by him. 7. The submissions of the both the parties have been considered and material on record has been perused. 8. It is pertinent to note here that although M.C.No.35/2024 has been instituted by husband/respondent at Sidlaghatta, he has instituted O.S.No.5418/2024 which is pending before City Civil Court, Bangalore. Further he is required to contest various proceedings that have been initiated by the petitioner/wife at Bangalore. Although it is contended - 5 - HC-KAR NC: 2025:KHC:24015 CP No. 362 of 2024 that the husband/respondent is suffering from various medical aliments, no material with regard to the same have been placed on record. In view of the aforementioned, as also keeping in mind the settled principles 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 in the present petition be granted. 9. Hence, the following: ORDER i. The above petition is allowed; ii. M.C.No.35/2024 pending on the file of the Senior Civil Judge & JMFC, Sidlaghatta, Chikkaballapura District shall stand transferred to the Court of the Principal Judge, Family Court at Bangalore to be tried along with M.C.No.3060/2024. iii. The parties shall appear before the Principal Judge, Family Court, Bangalore, on 28.07.2025 without 2 AIR ONLINE 2022 SC 1268 - 6 - HC-KAR NC: 2025:KHC:24015 CP No. 362 of 2024 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; vi. All contentions of the parties are left open. Sd/- (C.M. POONACHA) JUDGE RU List No.: 1 Sl No.: 26