- 1 - HC-KAR NC: 2025:KHC:36191 CP No. 139 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA CIVIL PETITION NO. 139 OF 2025 BETWEEN: O.S. THIMMAPPA S/O. CHANDRASHEKARA GOWDA, AGED ABOUT 47 YEARS, RESIDENT OF ODTHILU HOUSE, BANTWAL TALUK, BABANAKATTE POST, ANANTHADI, DAKSHINA KANNADA DISTRICT-574253, …PETITIONER (BY SRI. KRISHNAMOORTHY D.,ADVOCATE) AND: SMITHA KUMARI T.K. D/O LATE KUSHALAPPA GOWDA. T, W/O O.S. THIMMAPPA, AGED ABOUT 39 YEARS, RESIDENT OF JESSMIN VICTORS HOSTEL, NEAR MULIYA JEWELERS, COURT ROAD, PUTTUR TALUK, D.K-574201. ALSO AT C/O KUSHALAPPA GOWDA, NO 302, LAKSHESHWARA APARTMENT, 3RD FLOOR, 3RD CROSS, PRAMOD LAYOUT, BENGALURU-560039. …RESPONDENT (BY SRI. MITHUN G A.,ADVOCATE) Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:36191 CP No. 139 of 2025 THIS CIVIL PETITION IS FILED UNDER SEC. 24 OF THE CIVIL PROCEDURE CODE. 1908 PRAYING TO PASS AN ORDER FOR TRANSFERRING THE PETITION IN MC NO.1607/2024 PENDING ON THE FILE OF VITH ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT AT BANGALORE FILED BY THE RESPONDENT HEREIN UNDER SEC.13(1)(1-a) AND (1-b) OF THE HINDU MARRIAGE ACT SEEKING A DIRECTION TO DISSOLUTION OF MARRIAGE OF THE PETITIONER WITH THE RESPONDENT SOLEMNIZED ON 20.11.2008 AT MANGALA DEVI TEMPLE MANGALORE TO THE COURT OF PRINCIPAL CIVIL JUDGE AND JMFC, AT PUTTUR, D.K., BY ALLOWING THIS PETITION IN THIS INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL ORDER The present petition is filed by the petitioner- husband seeking to withdraw and transfer MC.No.1607/2024 initiated by the respondent-wife invoking section 13(1) (i-a) (i-b) of the Hindu Marriage Act, 1955 ('Act' for short) pending on the file of the 6th Additional Principal Judge, Family Court Bengaluru, and - 3 - HC-KAR NC: 2025:KHC:36191 CP No. 139 of 2025 transfer the same to the Principal Civil Judge and JMFC, at Puttur, Dakshina Kannada. 2. Heard learned counsel appearing for the petitioner-husband, and learned counsel appearing for the respondent-wife. 3. The learned counsel appearing for the petitioner submits that the petitioner has been working as a driver in Pattana Panchayath, Sullia, Puttur, since 2013. It is submitted that the respondent-wife has already initiated and is prosecuting Crl.Mis.No.101/2021 filed under Section 12 of the Domestic Violence Act, 2005 seeking maintenance. The respondent-wife has now filed M.C.No.1607/2024 at the Family Court at Bengaluru with the sole intention of harassing the petitioner. It is further urged that due to his work employment constraints, the petitioner cannot be expected to travel all the way to Bengaluru, as it causes great hardship and inconvenience to him. The filing of the criminal miscellaneous petition - 4 - HC-KAR NC: 2025:KHC:36191 CP No. 139 of 2025 itself indicates that the respondent is residing at Puttur at her parental house and not at Bengaluru, as otherwise contended. 4. Per contra, learned counsel for the respondent submits that the respondent-wife is a Government employee and is presently serving in the Karnataka School Education and Assessment Board at Bengaluru. It is urged that the travel distance between Bengaluru and Puttur is approximately around 300 kilometers, and requirement of frequent travel over such a long distance would cause great hardship and inconvenience to the respondent. 5. It is further submitted that Crl.Misc.No.101/2021 was instituted by the respondent- wife at the time when she was working at Puttur, however, by virtue of a notification dated 13.09.2023, she has been transferred to Bengaluru and is now employed there. In these circumstances, the transfer petition filed by - 5 - HC-KAR NC: 2025:KHC:36191 CP No. 139 of 2025 petitioner is wholly unwarranted and liable to be dismissed. 6. Upon considering the rival contentions, this Court finds that the petitioner has not made out any grounds for transfer and for the following reasons: i) The Crl.Misc.No.101/2021 initiated by the respondent-wife at Puttur was when she was working at Puttur. ii) The notification dated 13.09.2023, wherein the respondent-wife has been transferred from Puttur to Bengaluru would indicate that the respondent-wife is working currently in Karnataka School Education and Assessment Board, Malleshwaram, Bengaluru. Undisputedly, the couple is blessed with a minor child. iii) The Travel distance between Bengaluru to Puttur is approximately around 300 kilometers causing great hardship and inconvenience to the petitioner. - 6 - HC-KAR NC: 2025:KHC:36191 CP No. 139 of 2025 7. Thus, the transfer sought by the petitioner- husband from Bengaluru to Puttur cannot be entertained and this Court passes the following order. 8. The civil petition is dismissed as devoid of merits. Sd/- ________________________ JUSTICE K.S. HEMALEKHA HR