- 1 - NC: 2025:KHC:5305 CP No. 493 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR CIVIL PETITION NO. 493 OF 2024 BETWEEN: MRS. M KAVYA W/O. KEMPARAJU R D/O. MARAIAH AGED ABOUT 42 YEARS R/AT NO.1249, 3RD STAGE KESARE, MYSURU CITY MYSURU DISTRICT - 570 007 …PETITIONER (BY SRI MOHAMMED KALEEM.,ADVOCATE FOR SRI. LETHIF B.,ADVOCATE) AND: MR. KEMPARAJU R S/O. LATE R. RANGARAMU AGED ABOUT 48 YEARS R/AT DR. B.R AMBEDKAR LAYOUT RAMASAMUDRA CHAMARAJANAGARA TOWN CHAMARAJANAGARA DISTRICT - 571 342 …RESPONDENT (BY SRI.SIDDESWARASWAMY S B.,ADVOCATE) THIS CIVIL PETITION IS FILED UNDER SEC.24 OF THE CODE OF CIVIL PROCEDURE, PRAYING TO TRANSFER OF M.C. NO. 55/2024, ON THE FILE OF THE SENIOR CIVIL JUDGE AND CJM, CHAMARAJNAGARA TO THE FAMILY COURT AT MYSURU, ETC., THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:5305 CP No. 493 of 2024 CORAM: HON'BLE MR JUSTICE PRADEEP SINGH YERUR ORAL ORDER This petition is filed by the petitioner/wife seeking transfer of the petition filed by the respondent/husband in M.C. No.55/2024 pending on the file of the Senior Civil Judge & CJM, Chamarajanagar to the Family court at Mysuru. 2. I have heard learned counsel for the parties. 3. It is the case of petitioner that she got married to the respondent on 30.10.2014 and pursuant thereto, she is having two minor children. Thereafter, due to the discord and misunderstanding in the matrimonial life, respondent started living separately by taking a separate house at the instigation of his brother and sister. Subsequently, she received summons from the Court in M.C. No.55/2024, which was filed by the respondent for restitution of conjugal rights before the Senior Civil Judge & CJM, Chamarajanagar and the said matter is pending adjudication. The petitioner also filed petition for maintenance under Section 144(2) of the BNSS in Crl.Mis. No.736/2024 before the Family Court at Mysuru. Therefore, the petitioner preferred the present petiton for transfer of the - 3 - NC: 2025:KHC:5305 CP No. 493 of 2024 petition filed by the respondent in M.C. no.55/2024 to the Family Court at Mysuru. 4. It is the contention of learned counsel for the petitioner that since the petitioner is having two minor children, it would be cumbersome, tedious and expensive for her to travel to Chamarajanagar without the assistance of the attendant and moreover traveling to Chamarajanagara alongwith the minor children would be difficult for her. It is contended that the respondent/husband is appearing in the maintenance petition preferred by the petitioner/wife in the Family Court at Mysuru. Therefore, the respondent would not have any difficulty to attend the proceedings in M.C. No.55/2024, if the same is transferred to the Family Court at Mysuru. Under the circumstances, learned counsel for petitioner seeks for transfer of the petition filed by the respondent to Mysuru, so that the matters could be attended by the petitioner at the Family Court, Mysuru, which is close to her residence, thereby unnecessary financial expenditure and traveling can be avoided. - 4 - NC: 2025:KHC:5305 CP No. 493 of 2024 5. Learned counsel for respondent counters the argument putforth by learned counsel for the petitioner and contends that initially the petition came to be filed by the respondent for restitution of conjugal rights and petitioner instead of joining the husband and living in matrimonial home, she preferred the petition for maintenance. He also contends that the distance between the two places is not too far and it is not difficult to travel to Chamarajangara to attend the proceedings. On these grounds, he seeks for dismissal of the petition. 6. Having heard learned counsels for the parties, it is not in dispute that the petitioner is residing at Mysuru and the respondent is residing at Chamarajanagar. Two different petitions are filed at two different locations. Petitioner is taking care of two minor children and she has initiated proceedings under Section 144(2) of BNSS in Crl.Mis. No.736/2024 for maintenance before the Family Court at Mysuru. The respondent has accepted the notice and appearing in the said matter. Therefore, the respondent would not have any difficulty to attend the matrimonial proceedings, if the same is transferred to Mysuru. It is also apparently seen that less - 5 - NC: 2025:KHC:5305 CP No. 493 of 2024 amount of hardship would be caused to the respondent/husband in traveling to Mysuru to attend the aforesaid case rather than wife attending the case at Chamarajanagar preferred by the respondent. Further, I do not find any legal impediment to transfer the matrimonial proceedings. Under the circumstances, this Court deems it appropriate to transfer the M.C. No.55/2024 from Chamarajanagar to Mysuru. 7. Accordingly, I pass the following: O R D E R i) The petition is allowed. ii) The proceedings in M.C. No.55/2024 on the file of the Senior Civil Judge & CJM, Chamarajanagara is ordered to be transferred to the Family Court at Mysuru. Ordered accordingly. Sd/- (PRADEEP SINGH YERUR) JUDGE GSS List No.: 3 Sl No.: 6