- 1 - NC: 2025:KHC:9419 CP No. 412 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF MARCH, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI CIVIL PETITION NO. 412 OF 2024 BETWEEN: SMT. N.KOKILA WIFE OF PUNEETH KUMAR G, DAUGHTER OF NAGARAJU, AGED 30 YEARS, RESIDENT OF NO.149, 2ND FLOOR, 2ND CROSS, GAYATHRIPURAM, MYSORE-570 004 …PETITIONER (BY SRI. VACHAN GOWDA, ADVOCATE) AND: SRI. PUEENTHKUMAR. G SON OF GAJENDRA, AGED ABOUT 31 YEARS, RESIDING AT NO.39, 5TH CROSS, KEMPEGOEDA LAYOUT, N. NAGENAHALLI, BENGALURU - 560 077 …RESPONDENT (BY SRI. SOMASHEKHARAIAH R.P., ADVOCATE) THIS CIVIL PETITION FILED UNDER SEC.24 OF CIVIL PROCEDURE CODE, PRAYING TO TRANSFER THE M.C. NO. 5241/2022 PENDING IN THE COURT OF II ADDL. PRL. JUDGE FAMILY COURT AT BANGALORE TO FAMILY COURT AT MYSORE FOR THE FURTHER PROCEEDINGS, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:9419 CP No. 412 of 2024 CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER The present petition is filed seeking transfer of MC.No.5241/2022 pending on the file of the II Addl. Principal Judge, Family Court at Bengaluru to Family Court at Mysore. 2. The facts of the case are that the marriage of the petitioner and respondent was solemnized on 29.06.2015 at Mysore and out of the wedlock they are blessed with a male child on 08.04.2016. In view of the differences between the parties, the petition was filed on 25.08.2022 that is MC.No.5241/2022 on the file of the II Addl. Principal Judge, Family Court at Bengaluru seeking divorce and the wife had filed Crl.Misc.No.939/2022 before the Family Court at Mysore seeking maintenance. 3. Learned counsel appearing for the petitioner/wife submits that after the dispute, she started residing with her parents at Mysore. The child is differently able child, she has to take care of the child and it is very difficult for her to travel all the way from Mysore to Bengaluru. Hence, it is submitted that - 3 - NC: 2025:KHC:9419 CP No. 412 of 2024 M.C.No.5241/2022 may be transferred from Bengaluru to Mysore. 4. Learned counsel appearing for the respondent/ husband submits that if the case is transferred from Bengaluru to Mysore, it would cause a lot of hardship to the respondent/husband. He has to take care of his old aged mother, who is suffering with renal failure. It is submitted that the husband is ready to bear the expenses of the wife whenever she appear before the Court at Bengaluru. It is submitted that he will also cooperate for the speedy disposal of the case and a time frame can be fixed for disposal of the case. Further, it is submitted that the wife is in a better financial position than the husband and she is working as a teacher in a school at Mysore and earning more than Rs.40,000/- per month. Learned counsel submits that a time frame may be fixed to dispose of the pending M.C., which is in the interest of both the parties. 5. Having heard the learned counsels on either side, perused the material on record. The admitted facts are that the marriage had taken place at Mysore, after the marriage, the - 4 - NC: 2025:KHC:9419 CP No. 412 of 2024 parties were residing at Bengaluru and after the dispute the wife had left to Mysore. According to the husband, the wife is not taking care of the differently able child. In fact, her mother is taking care of the child. The M.C. is of the year 2022. The trial has not yet commenced as the same is posted for evidence of PW1. Learned counsel appearing for the respondent/husband submits that if a time frame is fixed, they will complete the trial. There are many other matters which are much older than this MC and this Court cannot fix a time frame and direct the Trial Court to give priority to this case. Then coming to the convenience of the parties, it is submitted that the mother is not well and the husband is working as a Zomato boy and he is ready to pay the expenses of the wife. Now, looking at the financial aspect also if he goes to Mysore, he doesn't have to pay anything to her and at this stage, this Court is concerned about the child, who is with the mother. In that view of the matter, this Court deems it appropriate to pass the following: ORDER i. The M.C.No.5241/2022 pending on the file of the II Addl. Principal Judge, Family Court at - 5 - NC: 2025:KHC:9419 CP No. 412 of 2024 Bengaluru is withdrawn and transferred to the III Addl. Principal Judge, Family Court at Mysore. ii. The petitioner/wife shall not seek unnecessary adjournments and shall proceed with the matter. iii. Accordingly, the Civil Petition is allowed. iv. All I.As., in the Civil Petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE BN List No.: 2 Sl No.: 11