- 1 - HC-KAR NC: 2025:KHC:36766 CP No. 231 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA CIVIL PETITION NO.231 OF 2021 BETWEEN: MRS. ROHINI AGED 30 YEARS, C/O BAVYA KRISHNAMURTHY, DOOR NO.123, NANJUNDESHWARA NILAYA, NEAR SVIT COLLEGE CAMPUS, SVG LAYOUT, RAJAN KUNTE, BANGALORE NORTH TALUK, BENGALURU-560 064. &PETITIONER (BY SRI N. GOWTHAM RAGHUNATH, ADVOCATE) AND: MR. NAGENDRA RAO AGED 48 YEARS, S/O SATYANARAYANA RAO M.M. R/AT VENKATESHWARA EXTENSION, SRINIVASPUR TOWN, KOLAR DISTRICT-563 135. &RESPONDENT (BY SRI PRAKASHA K.V., ADVOCATE) THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CPC PRAYING THIS HON9BLE COURT TO PASS AN APPROPRIATE ORDER/DIRECTION TRANSFERRING G AND WC NO.12/2018 PENDING ADJUDICATION BEFORE THE PRINCIPAL SENIOR CIVIL JUDGE AND CHIEF JUDICIAL MAGISTRATE AT KOLAR TO THE PRINCIPAL FAMILY JUDGE AT BENGALURU. THIS PETITION COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:36766 CP No. 231 of 2021 CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL ORDER The present petition is filed by the wife seeking to transfer G and WC No. 12/2018, instituted by the respondent-husband before the Principal Senior Civil Judge and CJM, Kolar, to the Court of the Principal Family Judge, Bengaluru. 2. Heard the learned counsel for the petitioner and the learned counsel appearing for the respondent. 3. Learned counsel for the petitioner submits that the minor child, aged about 8 years, is residing with the petitioner at Bengaluru and is studying in Vidya Shankara Public School, Rajanakunte, Bengaluru. The respondent- husband has initiated proceedings under Sections 7 and 8 of the Guardians and Wards Act, 1890 (8the Act9 for short) before the Court at Kolar. It is contended that in terms of Section 9 (1) of the Act, the petition seeking custody before the Court at Kolar is not maintainable, as the petition seeking custody of the minor must be filed in the - 3 - HC-KAR NC: 2025:KHC:36766 CP No. 231 of 2021 Court having jurisdiction over the place where the minor ordinarily resides. Since the minor resides at Bengaluru, the proceedings at Kolar are not maintainable, and therefore G & W C 12/2018 requires to be transferred to the competent Court at Bengaluru. 4. Per contra, learned counsel appearing for the respondent submits that the petitioner has already filed an application seeking rejection of the plaint before the Court at Kolar on the ground of maintainability and hence, seeking transfer at this stage is unwarranted. 5. This Court has carefully considered the rival submissions urged by learned counsel for the parties and perused the material produced on record. 6. G and WC 12/2018 is filed by the husband seeking custody of the minor child before the Family Court at Kolar. It is not in dispute that the minor is residing with the petitioner at Bengaluru and is pursing studies at Rajanakunte, Bengaluru. Section 9 (1) of the Act reads as under : - 4 - HC-KAR NC: 2025:KHC:36766 CP No. 231 of 2021 <9. Court having jurisdiction to entertain application. (1)If the application is with respect to the guardianship of the person of the minor, it shall be made to the District Court having jurisdiction in the place where the minor ordinarily resides.= 7. Section 9(1) of the Act, stipulates that an application for guardianship shall be filed before the District Court having jurisdiction where the minor ordinarily resides. In the present case, since the minor child is residing at Bengaluru, proceeding instituted before the Court of Kolar is not maintainable. The proper Court having jurisdiction is the Family Court at Bengaluru. 8. For the foregoing reasons, this Court pass the following : ORDER (i) The Civil Petition is allowed. (ii) G & WC 12/2018 pending on the file of the Principal Senior Civil Judge and CJM at Kolar is - 5 - HC-KAR NC: 2025:KHC:36766 CP No. 231 of 2021 withdrawn and transferred to the Principal Judge, Family Court at Bengaluru. (iii) Parties to appear before the Principal Judge, Family Court at Bengaluru on 24.10.2025, without waiting for further notice. (iv) The Principal Judge, Family Court, Bengaluru, to assign G and WC 12/2018 to the appropriate Court. Sd/- ____________________ JUSTICE K.S. HEMALEKHA CKL List No.: 1 Sl No.: 1