- 1 - HC-KAR NC: 2025:KHC:21592 CP No. 456 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE C.M. POONACHA CIVIL PETITION NO. 456 OF 2024 BETWEEN: SMT KAVYA S W/O SHABARESHA G, D/O SARVANAN K, AGED ABOUT 28 YEARS, RESIDING AT HOSA BUDNUR VILLAGE, KASABA HOBLI MANDYA TALUK, MANDYA DISTRICT 571404 …PETITIONER (BY SRI. HARIPRASAD M B, ADVOCATE) AND: SRI SHABARESHA G S/O GOVINDAN M, AGED ABOUT 32 YEARS, NO. 164, MAIN ROAD, TAHASILDAR STREET, SHESHADRIPURAM, BENGALURU 560020 …RESPONDENT (RESPONDENT SERVED AND UNREPRESENTED) THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF THE CODE OF CIVIL PROCEDURE, 1908 PRAYING TO ISSUE/PASS AN ORDER /DIRECTION TO THE COURT OF HONBLE, VI ADDL PRL JUDGE, FAMILY COURT, AT BENGALURU TO TRANSFER THE MATRIMONIAL CASE FILED BY THE RESPONDENT AGAINST THE PETITIONER IN M.C. NO 7174/2023 TO THE PRL SENIOR CIVIL JUDGE AND CJM, AT MANDYA AND ETC. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:21592 CP No. 456 of 2024 CORAM: HON'BLE MR JUSTICE C.M. POONACHA ORAL ORDER The present petition is filed by the wife seeking for transfer of MC No.7174/2023 pending on the file of VI Additional Prl. Judge, Family Court, Bengaluru to the Court of Prl. Senior Civil Judge and CJM., Mandya. 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 23.1.2023 and they lived together for sometime in their matrimonial home. However, due to various reasons, the parties have been residing separately. 4. The husband has filed MC No.7174/2023 before the Principal Judge, Family Court, Bengaluru/ VI Additional Prl. Judge, Family Court, Bengaluru under Section 12(1) (a) of the Hindu Marriage Act, 19551, for dissolution of marriage. The wife has filed M.C. No.219/2023 under Section 9 of HM Act seeking 1 Hereinafter referred to as the ‘HM Act’ - 3 - HC-KAR NC: 2025:KHC:21592 CP No. 456 of 2024 for restitution of conjugal rights which is pending on the file of Prl. Senior Civil Judge and CJM., Mandya. The wife has also filed Crl. Misc. No.101/2023 under Section 125 of Code of Criminal Procedure, 1973 for maintenance. Seeking for transfer of M.C. No.7174/2023, the wife has filed the present petition. 5. It is the contention of the learned counsel for the petitioner that the wife is staying along with her parents and is depending on them for her livelihood. That the distance between the place of residence of the wife and Bengaluru is about 210 kms. That the husband is gainfully employed and has an independent source of income. Hence, it would cause great hardship for the wife to contest the proceedings initiated by the husband at Bengaluru. Hence, she seeks for allowing of the present petition and granting of the reliefs as sought for. 6. The respondent is served and unrepresented. 7. The submissions of the learned counsel for the petitioner have been considered and the material on record has been perused. - 4 - HC-KAR NC: 2025:KHC:21592 CP No. 456 of 2024 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 gainfully employed and having independent source of income, as also the fact that the wife has no independent source of income, that she is solely depending on her parents for livelihood of herself, also the fact that the distance between the place of residence of the wife and Bengaluru is about 210 kms and since the husband is any way required to travel to Mandya for the purpose of contesting the proceedings initiated by the wife, as also 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. 10. In view of the aforementioned, the following order: 2 AIR ONLINE 2022 SC 1268 - 5 - HC-KAR NC: 2025:KHC:21592 CP No. 456 of 2024 ORDER i. The above petition is allowed; ii. MC No.7174/2023 pending on the file of VI Additional Prl. Judge, Family Court, Bengaluru shall stand transferred to the Court of Prl. Senior Civil Judge and CJM., Mandya. iii. The petitioner shall appear before the transferee Court on 31.07.2025; 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.: 66