- 1 - HC-KAR NC: 2025:KHC:22664 CP No. 438 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE C.M. POONACHA CIVIL PETITION NO. 438 OF 2024 BETWEEN: 1. T N VIDYA W/O. NAVEEN R D/O. NAGARAJ NAIDU AGED ABOUT 31 YEARS R/AT. GUDUGALE VILLAGE SHANIVARSANTHE HOBLI SOMWARPET TALUK KODAGU DISTRICT-571236 …PETITIONER (BY MS. KEERTHANA SWAMY, ADVOCATE FOR SRI. KARUMBAIAH T.A., ADVOCATE) AND: 1. NAVEEN R S/O. RAMANNA AGED 41 YEARS R/AT. NO.462/1 MASIDI ROAD 1ST CROSS, NAZARBAD MYSORE-570 028. …RESPONDENT (RESPONDENT IS SERVED AND UNREPRESENTED) THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF THE CIVIL PROCEDURE CODE 1908 PRAYING TO WITHDRAW M.C. NO. 1285/2023 FROM THE FILE OF THE PRINCIPAL JUDGE FAMILY COURT MYSORE AND TRANSFER THE SAME TO THE SENIOR CIVIL JUDGE COURT AT SOMWARPET IN THE INTEREST OF JUSTICE AND EQUITY. Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:22664 CP No. 438 of 2024 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 Code of Civil Procedure, 19081 by the wife seeking for transfer of MC No.1285/2023 pending on the file of the Principal Judge, Family Court, Mysore to the Senior Civil Judge Court, Somwarpet. 2. For the sake of convenience, the parties herein are referred to as per their relationship. 3. Heard the submissions of learned counsel Ms.Keerthana Swamy for Sri Karumbaiah.T.A. for the petitioner. The respondent is served and unrepresented. 4. It is forthcoming that the marriage between the parties was solemnized on 26.11.2014 and a daughter is born to the parties on 05.12.2015 from their wedlock. 1 Hereinafter referred to as 'CPC' - 3 - HC-KAR NC: 2025:KHC:22664 CP No. 438 of 2024 However, due to various reasons the parties have been residing separately. 5. The husband has filed MC No.1285/2023 under Section 9 of the Hindu Marriage Act, 1955, for restitution of conjugal rights on the file of the Principal Judge, Family Court, Mysore. The wife has filed Crl.Misc.No.17/2023 under Section 125 of the Code of Criminal Procedure, 1973, seeking for maintenance which is pending before the Senior Civil Judge, Somwarpet. Seeking transfer of MC No.1285/2023, the wife has filed the present petition. 6. Learned counsel for the petitioner submits that the petitioner-wife is staying along with her parents at the address mentioned in the cause title and is depending on her parents for the livelihood of herself as well as the daughter of the parties. It is further contended that the husband is gainfully employed at Mysore and having an independent source of income. That the distance between the place of residence of petitioner-wife and Mysore is 125 kms and great hardship will be caused if she is required to travel to Mysore - 4 - HC-KAR NC: 2025:KHC:22664 CP No. 438 of 2024 to contest M.C.No.1285/2023 initiated by her husband. Hence she seeks for allowing of present petition. 7. It is forthcoming that the wife is staying along with her parents and has instituted C.Misc.No.17/2023 which is pending before the court of Senior Civil Judge, Somwarpet. In view of the contention of petitioner-wife that she is depending on her parents for her and her daughter's livelihood and since the respondent-husband is stated to be gainfully employed, having independent source of income, having regard to the fact that the husband, in any event, is required to travel to Somwarpet for contesting Cr.Misc.No.17/2023 instituted by the wife, 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 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. 2 AIR ONLINE 2022 SC 1268 - 5 - HC-KAR NC: 2025:KHC:22664 CP No. 438 of 2024 8. In view of the aforementioned, the following: ORDER i. The above petition is allowed; ii. MC.No.1285/2023 pending on the file of Principal Judge, Family Court, Mysore shall stand transferred to the Senior Civil Judge, Somwarpet; iii. The petitioner shall appear before the transferee Court on 31.07.2025 without 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 SNB LIST NO.: 1 SL NO.: 40