- 1 - HC-KAR NC: 2025:KHC:25500 CP No. 440 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA CIVIL PETITION NO.440 OF 2024 BETWEEN: SMT. ANITHA .K W/O PRAVEEN .M AGED ABOUT 34 YEARS, R/AT NO.18/19, AKSHAYA NILAYA, 2ND FLOOR, 2ND CROSS, SHARAVATHI (ABBAIAH NAIDU STUDIO) SUMUKA LAYOUT, CHIKKASANDRA, BANGALORE-560061. … PETITIONER (BY SRI M. ARUN, ADVOCATE FOR SRI B. RAVINDRA PRASAD, ADVOCATE) AND: SRI PRAVEEN .M S/O LATE MOHAN AGED ABOUT 40 YEARS, R/AT JANAKI NILAYA, 4TH CROSS, GANDARVANAGARA, NT ROAD, NEW MANDLI, SHIVAMOGGA-577201. … RESPONDENT (RESPONDENT IS SERVED & UNREPRESENTED) THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CODE OF CIVIL PROCEDURE PRAYING TO ALLOW THIS PETITION AND GRANT AN ORDER FOR TRANSFERRING PETITION IN M.C.NO.64/2024 FROM THE COURT OF PRINCIPAL JUDGE FAMILY COURT AT SHIVAMOGGA, TO THE COURT OF PRINCIPAL JUDGE FAMILY COURT AT BANGALORE, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION COMING ON FOR ADMISSION, 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:25500 CP No. 440 of 2024 ORAL ORDER The present petition is filed by the wife seeking for transfer of MC No.64/2024 pending on the file of the Principal Judge, Family Court, Shivamogga to the Court of Principal Judge, Family Court, Bengaluru. 2. For the sake of convenience, the parties herein are referred to as per their relationship. 3. It is forthcoming that the marriage between the parties was solemnized on 08.06.2007 and a son was born from their wedlock. However, due to various reasons, the parties have been residing separately since October 2022. 4. The husband has filed MC No.64/2024 before the Principal Judge, Family Court, Shivamogga under Section 9 of the Hindu Marriage Act, 19551, seeking for restitution conjugal rights. The wife has filed Crl.Misc. No.886/2023 which is pending before the jurisdictional 1 Hereinafter referred to as the ‘HM Act’ - 3 - HC-KAR NC: 2025:KHC:25500 CP No. 440 of 2024 Court at Bengaluru. Seeking for transfer of M.C. No.64/2024, the wife has filed the present petition. 5. The submissions of Sri M. Arun for learned counsel Sri B. Ravindra Prasad, learned counsel for the petitioner have been heard and the material on record has been perused. 6. The respondent is served and unrepresented. 7. It is the contention of the wife that the husband is gainfully employed and that the wife has no independent source of income. That the wife is looking after the son of the parties. That it would cause great hardship to the wife, if she is required to travel to Shivamogga to contest the proceedings initiated by her husband. 8. Having regard to the fact that the son of the parties is under the care and custody of the wife, as also the contention that the wife is solely depending on her parents for the livelihood of herself and her son, keeping - 4 - HC-KAR NC: 2025:KHC:25500 CP No. 440 of 2024 in mind the fact that the husband in any event will be required to travel to Bangalore to contest Crl. Misc. No.886/2023 instituted by the wife, having regard to 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. 9. In view of the aforementioned, the following order: ORDER i. The above petition is allowed; ii. MC.No.64/2024 pending on the file of Principal Judge, Family Court, Shivamogga shall stand transferred to the Court of Principal Judge, Family Court, Bengaluru; 2 AIR ONLINE 2022 SC 1268 - 5 - HC-KAR NC: 2025:KHC:25500 CP No. 440 of 2024 iii. The petitioner shall appear before the Principal Judge, Family Court, Bengaluru on 31.07.2025 without the requirement of any further notice being issued in this regard. iv. It shall be open to the learned Principal Judge, Family Court, Bengaluru to assign the transferred case to any other Court. 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 MBM List No.: 1 Sl No.: 32