- 1 - HC-KAR NC: 2025:KHC:30709 CP No. 84 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA CIVIL PETITION NO. 84 OF 2025 BETWEEN: 1. SMT. YASHASWINI K. C., W/O. PRATHIK H.C, D/O. K.T. DEVARAJE GOWDA, AGED ABOUT 32 YEARS, 2. MASTER KRATHAV GOWDA H.P., S/O. PRATHEEK H.C., AGED ABOUT 4 YEARS, HE IS A MINOR REPRESENTED BY NATURAL GUARDIAN BY HIS MOTHER, SMT. YASHASWINI K.C., BOTH ARE R/O KATRAMANE VILLAGE, VASTARE HOBLI, CHIKKAMAGALUR - 577 113. PRESENTLY RESIDING AT, No.178, 1ST FLOOR, 7TH CROSS, OMKAR NAGAR, AREKERE, BENGALURU - 560 076. …PETITIONERS (BY SRI. SUNIL KUMAR B.N., ADVOCATE) Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:30709 CP No. 84 of 2025 AND: 1. SRI. H.C. PRATHEEK S/O. SRI. H.K. CHIDAMBAR, AGED ABOUT 37 YEARS, COFFEE PLANTER, R/O BRAHMAGIRI ESTATE, HALEHALLI, BANKAL HOBLI, MUGIERE TALUK, CHIKKAMAGALUR - 560 076. …RESPONDENT (BY SRI. DARSHANGOUDA PATIL, ADVOCATE FOR SRI. SHIVAPRASAD SHANTANAGOUDAR, ADVOCATE) THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF THE CIVIL PROCEDURE CODE 1908 PRAYING TO WITHDRAW THE CASE IN G AND WC No.7/2024, PENDING ON THE FILE OF PRINCIPAL JUDGE, FAMILY COURT, AT CHIKKAMAGALURU AND TRANSFER THE SAME TO PRL FAMILY COURT AT BENGALURU, TO TRY AND DISPOSE OFF THE SAME. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:30709 CP No. 84 of 2025 CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL ORDER The present petition is filed by the petitioner-wife seeking to withdraw and transfer of G & W.C.No.7/2024 initiated by the respondent-husband pending on the file of Principal Judge, Family Court at Chikkamagaluru to the Principal Family Court at Bengaluru. 2. Heard the learned counsel appearing for the petitioner and learned counsel appearing for the respondent and perused the material on record. 3. The petitioner is a legally wedded wife of the respondent and their marriage was solemnized as per the Hindu Rites and Customs on 20.11.2014. From the wedding, they are blessed with one son, who is aged about 4 years. Due to the un-cordial relationship, the parties are living separately for quite some time. - 4 - HC-KAR NC: 2025:KHC:30709 CP No. 84 of 2025 4. It is undisputed that the minor child is residing with the petitioner-wife at Bengaluru for educational purpose. The respondent has filed G & W.C.No.7/2024 under Section 9 of the Guardians and Wards Act, 1890 (for short 'the Act') to declare that he is the natural guardian of his son. 5. As per Section 9 of the Act, jurisdiction lies with the Court where the minor ordinarily resides. Since the child's ordinary place of residence is in Bengaluru, applying the settled proposition that in such matters the welfare of the child are of paramount concern, the transfer sought by the petitioner is justified. The respondent- husband’s contentions regarding his inconvenience, though noted, Court cannot override the statutory provision or the child's welfare. 6. Accordingly, the transfer petition needs to be allowed, without delving further into the inconvenience of the parties. Hence, this Court pass the following: - 5 - HC-KAR NC: 2025:KHC:30709 CP No. 84 of 2025 ORDER i. The Civil Petition is allowed. ii. G & W.C.No.7/2024 pending on the file of the Principal Judge, Family Court at Chikkamagaluru is withdrawn and transferred to the Court of Principal District and Sessions Judge, Bengaluru. iii. The Principal District and Sessions Judge, Bengaluru to assign G & W.C.No.7/2024 to appropriate Court. iv. The parties shall appear before the Principal District Court, Bengaluru, on 28.08.2025, without waiting for further notice. Sd/- ____________________ JUSTICE K.S. HEMALEKHA DDU List No.: 1 Sl No.: 2