- 1 - NC: 2025:KHC:5838 CP No. 427 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA CIVIL PETITION NO. 427 OF 2024 BETWEEN: SMT. A. R. PUSHAPALATHA, AGED ABOUT 54 YEARS, W/O. SRI. S. MURALI, D/O. LATE RAJANNA, PRESENTLY RESIDING AT CHAYA KRUPA ENGINEERING WORKS, NO.1249, 1ST MAIN, 2ND CROSS, KRISHNAMURTHYPURAM, MYSURU-570 004. …PETITIONER (BY SRI. ESHWARA H. H.,ADVOCATE) AND: SRI. S. MURALI, AGED ABOUT 59 YEARS, S/O. G. S. SRINIVASAN, R/AT D. NO.13, 2ND MAIN, 5TH BLOCK, KUMARA PARK WEST, BENGALURU-560 020. …RESPONDENT (BY SMT. RACHITA NANAIAH M.,ADVOCATE) THIS CIVIL PETITION FILED UNDER SECTION 24 OF THE CODE OF CIVIL PROCEDURE, 1908 PRAYING TO CALL FOR RECORDS AND TO ISSUE DIRECTIONS TO TRANSFER THE M.C. NO. 5221/2024 ON THE FILE OF THE II ADDL. PRL. JUDGE FAMILY COURT AT BENGALURU TO THE HON'BLE PRL.JUDGE, FAMILY COURT AT MYSORE. Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:5838 CP No. 427 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.Shubhankar C., who represents Sri.Eshwara H.H., learned counsel on record for the petitioner as well as Sri.Balasubramanya B.N. who represents Sri.Rachita Nanaiah M., learned counsel on record for the respondent. 2. This is a petition under Section 24 of the Code of Civil Procedure seeking the Court to transfer M.C.No.5221/2024 which is pending before the Court of II Additional Principal Judge, Family Court, Bengaluru to the Court of Principal Judge, Family Court, Mysuru. 3. Learned counsel for the petitioner submits that the petitioner is the wife of the respondent. Out of the lawful wedlock, they gave birth to a female child who is aged about 23 years at present. The petitioner is aged about 54 years and the respondent is aged about 59 years. The respondent filed a petition before the Court of Principal Judge, Family Court, Bengaluru seeking a decree of divorce. The petitioner being a woman aged about 54 years is unable to take up travel from - 3 - NC: 2025:KHC:5838 CP No. 427 of 2024 Mysuru to Bengaluru to attend the Court on each and every date of adjournment. Further more, she is under obligation to look after her child and to perform her marriage. Therefore, she filed the present petition seeking transfer of the case to Mysuru. 4. Learned counsel for the respondent on the other hand states that the respondent is paying a sum of Rs.11,000/- as maintenance both for the child and the petitioner. The respondent at this age of 59 years cannot take up travel and therefore the petition is not maintainable. 5. Undisputedly the child born out of the lawful wedlock is under the care and custody of the petitioner herein. Though the learned counsel for the petitioner states that a sum of Rs.11,000/- is not sufficient for the maintenance, whether the said sum is sufficient or in sufficient, cannot be discussed and decided in this application which is filed for transfer of the case. One thing that is clear is that the child is residing with the petitioner and the petitioner being a woman is under obligation to take care of the child and also to perform her marriage. The inconvenience which would be faced by the petitioner would be - 4 - NC: 2025:KHC:5838 CP No. 427 of 2024 greater than the inconvenience that is projected by the respondent. Therefore, this Court is of the view that transfer as prayed for is required to be effected. 6. Thus, the following ORDER (i) The petition is allowed. (ii) The petition in M.C.No.5221/2024 which is pending before the Court of II Additional Principal Judge, Family Court, Bengaluru, is withdrawn and is transferred to the Court of Principal Judge, Family Court, Mysuru. (iii) The Court of II Additional Principal Judge, Family Court, Bengaluru is directed to transmit the entire record in M.C.No.5221/2024 duly indexed to the Court of Principal Judge, Family Court, Mysuru, within one week from the date of receipt of copy of this order. (iv) Parties to the proceedings are directed to make their appearance before the Court of Principal Judge, Family Court, Mysuru on 14.03.2025. - 5 - NC: 2025:KHC:5838 CP No. 427 of 2024 (v) Issuance of further notice is not required. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE AP CT:TSM List No.: 1 Sl No.: 55