- 1 - HC-KAR NC: 2025:KHC:22692 CP No. 463 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. 463 OF 2024 BETWEEN: 1. SMT PRAGATHI R AGED ABOUT 26 YEARS, W/O KARTHIK NAG, D/O RAGHAVENDRA U.M, R/O NEAR MANJUNATHA TALKIES, NEAR KAMATH PROVISION STORES, GANDHIBAZAR, SHIVAMOGGA, SHIVAMOGGA DISTRICT-577201. …PETITIONER (BY SRI. RAJENDRA S., ADVOCATE) AND: 1. SRI KARTHIK NAG AGED ABOUT 34 YEARS, S/O NAGARAJ B, NO.378, BEHIND NESARA GUEST HOUSE, 4TH STAGE, VIJAYANAGAR, MYSURU-570 026. AND ALSO HAVING ADDRESS AT NO.403, SILVERWAVE ROYAL APARTMENT, NEAR K.S.S SAMUDAYA BHAVANA, KENGERI SATELLITE TOWN, BENGALURU-560 060. …RESPONDENT (RESPONDENT IS SERVED AND UNREPRESENTED) THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CODE OF CIVIL PROCEDURE PRAYING TO PASS AN ORDER WITHDRAWING THE PETITION FILED BY THE RESPONDENT Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:22692 CP No. 463 of 2024 AGAINST THE PETITIONER IN TERMS OF SECTION 9 OF HINDU MARRIAGE ACT, 1955 IN M.C. NO.858/2024 FOR GRANT OF DECREE OF RESTITUTION OF CONJUGAL RIGHTS PENDING ON THE FILE OF III ADDL. PRL. FAMILY COURT AT MYSURU AND TRANSFER THE SAME TO THE FILE OF LEARNED PRINCIPAL JUDGE, FAMILY COURT, SHIVAMOGGA, IN ACCORDANCE WITH LAW BY ALLOWING THIS PETITION 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.858/2024 pending on the file of the III Additional Principal Judge, Family Court, Mysuru to the Principal Judge, Family Court, Shivamogga. 2. For the sake of convenience, the parties herein are referred to as per their relationship. 3. Heard the submissions of learned counsel Sri Rajendra.S. for the petitioner. The respondent is served and unrepresented. 4. It is forthcoming that the marriage between the parties was solemnized on 15.03.2021 and the parties lived together for some time. However, due to various reasons - 3 - HC-KAR NC: 2025:KHC:22692 CP No. 463 of 2024 the parties have been residing separately since December, 2023. 5. The respondent-husband has filed MC No.858/2024 under Section 9 of the Hindu Marriage Act, 1955, for restitution of conjugal rights which is pending on the file of the III Additional Principal Judge, Family Court, Mysuru. The wife has filed Crl.Misc.No.266/2024 under the provisions of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, seeking for maintenance which is pending before the Principal Judge, Family Court, Shivamogga. Seeking transfer of MC No.858/2024, the wife has filed the present petition. 6. It is the contention of learned counsel for the petitioner that the husband is gainfully employed as an Engineer and working at Bengaluru as well as at Mysuru and having an independent source of income. That the wife is staying along with her parents and is depending on them for her livelihood. That the distance from the place of residence of the wife and Mysuru is about 225 kms. That great hardship will be caused to the wife if she is required to travel - 4 - HC-KAR NC: 2025:KHC:22692 CP No. 463 of 2024 to Mysuru for the purpose of contesting M.C.No.858/2024 initiated by the husband. 7. Having regard to the fact that the husband is gainfully employed and having independent source of income, keeping in mind that wife is staying along with her parents and is dependent on them for her livelihood, having regard to the further fact that the husband, in any event will be required to travel to Shivamogga for the purpose of contesting Crl.Misc.266/2024, 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 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 for in the present petition be granted. 8. In view of the aforementioned, the following: ORDER i. The above petition is allowed; 1 AIR ONLINE 2022 SC 1268 - 5 - HC-KAR NC: 2025:KHC:22692 CP No. 463 of 2024 ii. MC.No.858/2024 pending on the file of III Additional Principal Judge, Family Court, Mysuru shall stand transferred to the Principal Judge, Family Court, Shivamogga; iii. The petitioner shall appear before the Principal Judge, Family Court, Shivamogga on 31.07.2025 without the requirement of any further notice; iv. It shall be open to the learned Principal Judge, Family Court, Shivamogga to assign the transferred case to an appropriate court; 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.: 45