- 1 - HC-KAR NC: 2025:KHC:22742 CP No. 475 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. 475 OF 2024 BETWEEN: 1. SMT. DEEPIKA N AGED ABOUT 36 YEARS, D/O LATE NANDEESH Y B W/O DURGESH PRASAD H S. 2. DHEERAJ H D AGED ABOUT 8 YEARS, S/O DURGESH PRASAD H S SINCE MINOR REPRESENTED BY HIS MOTHER NATURAL GUARDIAN SMT. DEEPIKA N RESIDING AT NO. 580, 5TH CROSS, V.V. NAGAR, MADDUR TOWN, MANDYA DISTRICT - 571428. …PETITIONERS (BY SRI. KARTHIK S, ADVOCATE FOR SRI. SHIVARAMU H C, ADVOCATE) AND: DURGESH PRASAD H S AGED ABOUT 43 YEARS, S/O LATE SHIVAKUMARASWAMY, BOTH ARE RESIDING AT NO.4, SRIKANTA KRUPA, OPP. GOWRI BEEDI BUILDING, NEAR KAASI VISHWANATHA TEMPLE, KUMBARAPETE CROSS ROAD, HOSAKOTE - 562114. …RESPONDENT (BY SRI. BABU, ADVOCATE) Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:22742 CP No. 475 of 2024 THIS CIVIL PETITION IS FILED UNDER SEC.24 OF THE CPC., PRAYING TO CALL FOR RECORDS PERTAINING TO G AND WC NO.37/2023 PENDING ON THE FILE OF THE LEARNED SENIOR CIVIL JUDGE AND JMFC, HOSKOTE FILED BY THE RESPONDENT AT ANNEXURE A. PASS ORDER TRANSFERRING THE G AND WC NO. 37/2023 TO THE COURT OF SENIOR CIVIL JUDGE AND JMFC AT MADDUR AND DISPOSE OF THE MATTER IN ACCORDANCE WITH LAW IN THE INTEREST OF JUSTICE AND EQUITY 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 petitioner/wife seeking for transfer of G & WC No.37/2023 pending on the file of the Senior Civil Judge and JMFC., Hosakote to the Court of Senior Civil Judge and JMFC., Maddur. 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 19.11.2007 and two sons were born to the parties from their wedlock. The parties lived together along with their children in their matrimonial home till the year 2020. However, due to various reasons, the parties have been - 3 - HC-KAR NC: 2025:KHC:22742 CP No. 475 of 2024 residing separately. The elder son is in the custody of the respondent- father and the younger son is in the custody of the petitioner-mother. 4. The respondent-husband has filed G and WC No.37/2023 before the Senior Civil Judge and JMFC., Hosakote to appoint him as a guardian to respondent No.2 (petitioner No.2 herein). The petitioner-wife has entered appearance in the said proceedings and is contesting the same. Seeking for transfer of G and WC No.37/2023, the present petition is filed by the petitioner-wife. 5. Learned counsel Sri Karthik S., appearing for learned counsel Sri H.C. Shivaramu for the petitioner contends that, in order to harass the petitioner-wife, the respondent – husband has deliberately filed the proceedings at Hosakote. It is further contended that the petitioner No.1 is staying along with her mother and brother at the address mentioned in the cause title and she has filed M.C. No.108/2024 under Section 13(ia) of the Hindu Marriage Act, 19551 seeking for divorce which is pending before the Senior 1 Hereinafter referred to as the ‘HM Act’ - 4 - HC-KAR NC: 2025:KHC:22742 CP No. 475 of 2024 Civil Judge Maddur. Hence she seeks for allowing of the present petition and for granting of the relief sought. 6. Per contra, learned counsel for the respondent Sri.Babu has filed statement of objections making various allegations against the petitioner-wife opposing the relief sought for in the present petition. 7. It is forthcoming that the parties have been litigating with regard to custody of their children, which is the subject matter of G and WC No.37/2023. It is further forthcoming that challenging of interim order granted in G and WC No.37/2023, the wife had filed W.P. No.22551/2023 before this Court and this Court vide order dated 26.06.2024 disposed of the writ petition by ordering adequate visitation rights. It is further forthcoming that the wife has also instituted M.C. No.108/2024 which is pending in jurisdictional Court at Maddur. 8. Having regard to the aforementioned and keeping in mind the fact that the respondent – husband would in any event be required to travel to Maddur for the purpose of contesting M.C. No.108/2024, as also having regard to the settled proposition of law as held by the Hon’ble Supreme Court - 5 - HC-KAR NC: 2025:KHC:22742 CP No. 475 of 2024 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 i. The above petition is allowed; ii. G and WC No.37/2023 pending on the file of the Senior Civil Judge and JMFC., Hoskote shall stand transferred to the Court of the Senior Civil Judge and JMFC., Maddur; iii. The parties shall appear before Court of the Senior Civil Judge and JMFC., Maddur on 31.07.2025 without the requirement of any further notice being issued in this regard; iv. It is made clear that the arrangement made by this Court vide order dated 26.06.2025 passed in W.P. No22551/2023 shall continue 2 AIR ONLINE 2022 SC 1268 - 6 - HC-KAR NC: 2025:KHC:22742 CP No. 475 of 2024 to operate till the same is suitably modified in accordance with law; v. All contentions of the parties are left open. Sd/- (C.M. POONACHA) JUDGE BS List No.: 1 Sl No.: 47