- 1 - HC-KAR NC: 2025:KHC:22691 CP No. 483 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. 483 OF 2024 BETWEEN: 1. SMT RAKSHITHA T R W/O SANTHOSH N D/O T R RAVIKEERTHI AGED ABOUT 32 YEARS R/AT TUDA LAYOUT ARALIMARADAPALYA SIRA GATE TUMAKURU-572 106. …PETITIONER (BY SRI. DEEPAK M., ADVOCATE) AND: 1. SRI SANTHOSH N SHETTY S/O NARASIMHARAMA SHETTY AGED ABOUT 38 YEARS R/AT TULASI NILAYA KOULAGERE, HONAVAR TALUK UTTARA KANNADA DISTRICT-571 422. AND ALSO VASCO-DA-GAMA NANDINI MILK PARLOUR NEAR CHURCH GOA-403 802. …RESPONDENT (RESPONDENT IS SERVED AND UNREPRESENTED) Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:22691 CP No. 483 of 2024 THIS CIVIL PETITION UNDER SECTION 24 OF THE CPC., PRAYING TO TRANSFER THE MATRIMONIAL PETITION IN MC NO.13/2024, PENDING ON THE FILE OF HON'BLE SENIOR CIVIL JUDGE AND JMFC COURT, HONAVAR, UTTARA KANNADA, TO THE HON'BLE PRINCIPAL JUDGE, FAMILY COURT, TUMKURU 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.13/2024 pending on the file of the Senior Civil Judge & JMFC, Honnavara, Uttara Kannada to the Principal Judge, Family Court, Tumkuru. 2. For the sake of convenience, the parties herein are referred to as per their relationship. 3. Heard the submissions of learned counsel Sri Deepak.N. for the petitioner. The respondent is served and unrepresented. 4. It is forthcoming that the marriage between the parties was solemnized on 10.02.2014 and they were staying - 3 - HC-KAR NC: 2025:KHC:22691 CP No. 483 of 2024 together for sometime. However, due to various reasons the parties have been residing separately. 5. The petitioner-wife has filed MC No.189/2023 under Section 13(1)(ia) & (ib) of the Hindu Marriage Act, 19551, for dissolution of their marriage before the Principal Judge, Family Court, Tumkur. The respondent-husband has filed M.C.No.13/2024 under Section 9 of the Act of 1955 seeking for restitution of conjugal rights on the file of the Sr.Civil Judge & JMFC Court, Honnavara, Uttara Kannada. Seeking transfer of MC No.13/2024, the wife has filed the present petition. 6. It is the contention of learned counsel for the petitioner that the husband is gainfully employed and has an independent source of income 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 Honnavara is about 400 kms. That great hardship will be caused to the wife if she is required to 1 Hereinafter referred to as 'Act of 1955' - 4 - HC-KAR NC: 2025:KHC:22691 CP No. 483 of 2024 travel to Honnavara for the purpose of contesting M.C.No.13/2024 initiated by her 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, and having regard to the further fact that the husband, in any event will be required to travel to Tumkur for the purpose of contesting M.C.No.189/2023, 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 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. 8. In view of the aforementioned, the following: ORDER i. The above petition is allowed; 2 AIR ONLINE 2022 SC 1268 - 5 - HC-KAR NC: 2025:KHC:22691 CP No. 483 of 2024 ii. MC.No.13/2024 pending on the file of Sr.Civil Judge & JMFC, Honnavara, Uttara Kannada shall stand transferred to the Principal Judge, Family Court, Tumkur; iii. The parties shall appear before the Principal Judge, Family Court, Tumkur on 31.07.2025 without requirement of further notice; iv. It shall be open to the learned Principal Judge, Family Court, Tumkur 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.: 48