- 1 - HC-KAR NC: 2025:KHC:22741 CP No. 465 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. 465 OF 2024 BETWEEN: SMT.BHUVANESHWARI N.B. AGED ABOUT 34 YEARS, W./O MANJUNATH D L, R/AT NO. 334, HEMAVATHI EXTENSION, K R PETE TOWN, MANDYA DISTRICT - 571423 …PETITIONER (BY SRI. JAYAPRAKASH, ADVOCATE FOR SRI. MANJEGOWDA D S, ADVOCATE) AND: SRI.MANJUNATH D.L AGED ABOUT 39 YEARS, S/O LAKSHMINARASIMHAMURTHY M G, RESIDENT OF MIRLE VILLAGE, K R NAGARA TALUK, MYSURU DISTRICT - 571603. ALSO AT, A-123, 1ST FLOOR, KHB DIAMOND, KOMMAGHATTA ROAD, KENGERI, BENGALURU - 560060. …RESPONDENT (RESPONDENT IS SERVED AND UNREPRESENTED) THIS CIVIL PETITION IS FILED UNDER SEC.24 (1) OF THE CIVIL PROCEDURE CODE PRAYING TO WITHDRAW THE M.C. NO. 4325/2024 PENDING ON THE FILE OF THE I ADDL. PRL. JUDGE, FAMILY COURT, BENGALURU AND TRANSFER THE SAME FOR TRIAL AND DISPOSAL TO SENIOR CIVIL JUDGE AND JMFC, AT K.R. NAGARA, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:22741 CP No. 465 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 by the wife seeking for transfer of MC No.4325/2024 pending on the file of I Addl. Prl. Judge, Family Court, Bengaluru to the Court of Senior Civil Judge and JMFC., K.R. Nagara. 2. For the sake of convenience, the parties herein are referred to as per their relationship. 3. The relevant facts necessary for consideration of the present petition are that the marriage between the parties was solemnized on 03.05.2020 and a daughter was born to the parties from their wedlock. However, due to various reasons, the parties have been residing separately. 4. The petitioner-wife filed has filed M.C. No.2/2024 before the Senior Civil Judge and JMFC., K.R. Nagara, under Section under Section 13(1) (i-a) (i-b) of the Hindu Marriage Act, 19551, for divorce. The husband has filed M.C. 1 Hereinafter referred to as the ‘HM Act’ - 3 - HC-KAR NC: 2025:KHC:22741 CP No. 465 of 2024 No.4325/2024 under Section 9 of the HM Act for restitution of conjugal rights before the I Additional Principal Judge, Family Court, Bengaluru. Seeking for transfer of M.C.No.4325/2024, the wife has filed the present petition. 5. It is the contention of the learned counsel Sri Jayaprakash appearing for learned counsel Sri D.S. Manjegowda for the petitioner that the wife is staying along with her parents at K.R. Pete and is also required to look after the minor daughter of the parties. That the wife is employed at Chamundeshwari Medical College and she is required to travel for her avocation also. It is further contended that the husband is a permanent resident of K.R. Nagar and is gainfully employed having an independent source of income. Since daughter of the parties is residing along with wife, under her care and custody, it would cause great hardship to the wife to contest the proceedings initiated by the husband at Bengaluru. Hence, he seeks for allowing of the present petition and granting of the reliefs as sought for. 6. The respondent is served and unrepresented. - 4 - HC-KAR NC: 2025:KHC:22741 CP No. 465 of 2024 7. The submissions of the learned counsel for the petitioner have been considered and the material on record has been perused. 8. The relationship between the parties and the pendency of the legal proceedings between the parties are a matter of record. 9. Having regard to the fact that the husband is a permanent resident of K.R. Nagar and is gainfully employed having independent source of income, since the daughter of the parties is residing along with the wife who has to travel for her avocation, as also since the husband is in any event required to travel to K.R. Nagar for the purpose of contesting M.C. No.2/2024 initiated 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:22741 CP No. 465 of 2024 10. In view of the aforementioned, the following order: ORDER i. The above petition is allowed; ii. MC No.4325/2024 pending on the file of I Addl. Prl. Judge, Family Court, Bengaluru shall stand transferred to the Court of Senior Civil Judge and JMFC., K.R. Nagara. iii. The petitioner shall appear before the transferee Court on 15.07.2025; 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 BS List No.: 1 Sl No.: 46