- 1 - HC-KAR NC: 2025:KHC:22665 CP No. 439 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. 439 OF 2024 BETWEEN: 1. SMT. RADHAMANI B @ TEJASWINI B W/O SRI A ANANDACHARI, AGED ABOUT 25 YEARS, PRESENTLY RESIDING AT NO.1305, SECOND CROSS, RAGHAVENDRA LAYOUT, MYSURU, KARNATAKA-570 019. …PETITIONER (BY SRI. RANGARAMU V., ADVOCATE) AND: 1. SRI. A ANANDACHARI S/O LATE HANUMANTHACHARI, AGED ABOUT 34 YEARS, R/AT SRI PADMA ACHARI NILAYA, OPP: Z P OFFICE, 10TH WARD, BAGEPALLI TOWN AND TALUK, CHIKKABALLAPURA DISTRICT, KARNATAKA-561 207. …RESPONDENT (RESPONDENT IS SERVED AND UNREPRESENTED) THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF THE CIVIL PROCEDURE CODE. 1908 PRAYING TO WITHDRAW THE PETITION CASE IN M.C. NO.70/2024 FROM THE HON'BLE COURT OF ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, AT CHIKKABALLAPURA, IN CHIKKABALLAPURA DISTRICT AND TO Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:22665 CP No. 439 of 2024 TRANSFER THE SAME TO THE HON'BLE COURT OF THE PRINCIPAL FAMILY JUDGE AT MYSURE IN MYSURE DISTRICT, IN WHICH THE PETITIONERS PETITION C.MIS. NO.858/2024 IS PENDING FOR CONSIDERATION BETWEEN THE SAME PARTIES 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 by the wife seeking for transfer of MC No.70/2024 pending on the file of the Addl. Senior Civil Judge & JMFC, Chikkaballapur to the Court of the Principal Judge, Family Court, Mysuru. 2. For the sake of convenience, the parties herein are referred to as per their relationship. 3. Heard the submission of learned counsel Sri Rangaramu.V. for the petitioner. The respondent is served and unrepresented. - 3 - HC-KAR NC: 2025:KHC:22665 CP No. 439 of 2024 4. It is forthcoming that the marriage between the parties was solemnized on 05.05.2024 and they were staying together for sometime. However, due to various reasons the parties have been residing separately. 5. The petitioner-wife has filed Crl.Misc.No.858/2024 before the Family Court at Mysore under Sec.144 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, along with an application under Section 125 of the Code of Criminal Procedure, 1973, seeking for maintenance which is pending before the Principal Judge, Family Court, Mysore. The respondent-husband has filed M.C.No.70/2024 under Section 9 of the Hindu Marriage Act, 1955 seeking for restitution of conjugal rights on the file of the Addl. Sr.Civil Judge, Chikkaballapura. Seeking transfer of MC No.70/2024, the wife has filed the present petition. 6. It is the contention of learned counsel for the petitioner that the husband is gainfully employed having his own business and having an independent source of income, - 4 - HC-KAR NC: 2025:KHC:22665 CP No. 439 of 2024 whereas the wife is staying along with her parents and is depending on her parents for her livelihood. That the distance between the place of residence of the wife and Chikkaballapura is about 250 kms. Hence great hardship will be caused to the wife if she is required to travel to Chikkaballapura for the purpose of contesting M.C.No.70/2024 initiated by her husband. 7. It is forthcoming that the wife is staying along with her parents at the address mentioned in the cause title. In view of the contention of learned counsel for the petitioner that the petitioner-wife is depending on her parents for her livelihood and having regard to the fact that the husband is gainfully employed having independent source of income, having further regard to the fact that since the husband in any event will be required to travel to Mysuru for the purpose of contesting Crl.Misc.No.858/2024, as also in view of the settled proposition of law as held by the Hon’ble Supreme Court in the case of N.C.V. AISHWARYA VS - 5 - HC-KAR NC: 2025:KHC:22665 CP No. 439 of 2024 A.S.SARAVANA KARTHIK SHA1 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. 8. In view of the aforementioned, the following: ORDER i. The above petition is allowed; ii. MC.No.70/2024 pending on the file of Addl. Sr.Civil Judge & JMFC, Chikkaballapura shall stand transferred to the Principal Judge, Family Court, Mysuru; iii. The petitioner shall appear before the Principal Judge, Family Court, Mysuru on 31.07.2025 without requirement of any further notice; iv. It shall be open to the learned Principal Judge, Family Court, Mysuru to assign the transferred case to an appropriate court; 1 AIR ONLINE 2022 SC 1268 - 6 - HC-KAR NC: 2025:KHC:22665 CP No. 439 of 2024 v. 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 SNB List No.: 1 Sl No.: 41