- 1 - HC-KAR NC: 2025:KHC:26961 CP No. 368 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA CIVIL PETITION NO.368 OF 2024 BETWEEN: SMT. SPOORTHI. S AGED ABOUT 29 YEARS, W/O. SUBRAMANI. R R/AT NO.2136, 10TH BLOCK, KADABAGERE, DASANAPURA (H), BENGALURU-562230. …PETITIONER (BY SRI RAJU C., ADVOCATE) AND: SRI SUBRAMANI. R S/O M. RAMAPPA, AGED 32 YEARS, R/AT DEVAGANAHALLI VILLAGE, DODDACHINNAHALLI (P), KASABA (H), BANGARPET (T), KOLAR DISTRICT-563114. …RESPONDENT (BY SRI NOOR UL HUSSAIN, ADVOCATE) THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CPC PRAYING THAT THIS HON’BLE COURT BE PLEASED TO ORDER FOR TRANSFER OF M.C. NO.158/2023, BEFORE THE SENIOR CIVIL JUDGE AND PRL. J.M.F.C., KGF, KOLARA, TO THE FAMILY COURT, AT BENGALURU, AND GRANT SUCH OTHER RELIEF OR RELIEFS WITH COSTS, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:26961 CP No. 368 of 2024 CORAM: HON'BLE MR. JUSTICE C.M. POONACHA ORAL ORDER The present petition is filed by the wife seeking for transfer of MC No.158/2023 pending before the Additional Senior Civil Judge and JMFC, KGF, Kolar to the Family Court at Bengaluru. 2. For the sake of convenience, the parties herein are referred to as per their relationship. 3. It is forthcoming that the marriage between the parties was solemnized on 25.3.2019 and they were staying together in their matrimonial home for some time. However, due to various reasons, from September 2020 the wife is staying along with her parents. 4. Heard submissions of the learned counsel Sri C Raju for the petitioner/wife and learned counsel Sri Noor Ul Hussain for the respondent/husband. - 3 - HC-KAR NC: 2025:KHC:26961 CP No. 368 of 2024 5. It is the contention of the learned counsel for the petitioner that the husband is gainfully employed and having an independent source of income. That the wife is staying along with her parents and it would cause great hardship for her to travel to KGF, Kolar, for contesting the proceedings initiated by the husband. 6. Per contra, learned counsel for the respondent vehemently opposing the relief sought for by the petitioner in the present petition contends that the wife and her family members have driven the respondent out of the matrimonial home and that no hardship would be caused to the wife if she is required to travel to KGF, Kolar, for the purpose of conducting the proceedings initiated by the respondent. Alternatively, learned counsel submits that in the event this Court allows the petition and transfers the proceedings as sought for, a direction may be issued for time bound disposal of the transferred proceedings. - 4 - HC-KAR NC: 2025:KHC:26961 CP No. 368 of 2024 7. The submissions of the learned counsel for the petitioner have been considered and the material on record has been perused. 8. The essential factual matrix relating to matrimonial dispute between the parties is undisputed. The pendency of the legal proceedings as noticed above is also a matter of record. 9. In view of the contention of the wife that the husband is gainfully employed and having an independent source of income, having regard to the fact that the wife is staying along with her parents and is stated to be dependent on them for her livelihood, having regard to 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 SHA1 that while considering cases for transfer of matrimonial proceedings, the convenience of wife will have to be given precedence to, it 1 AIR ONLINE 2022 SC 1268 - 5 - HC-KAR NC: 2025:KHC:26961 CP No. 368 of 2024 is just and proper that the relief sought in the present petition be granted. 10. In view of the aforementioned, the following order : ORDER i. The above petition is allowed; ii. MC.No.158/2023 pending on the file of Additional Senior Civil Judge and JMFC, KGF, Kolar, shall stand transferred to the Court of the Principal Judge, Family Court, Bengaluru; iii. Both the parties shall appear before the Principal Judge, Family Court, Bengaluru, on 20.08.2025 without the requirement of any further notice being issued in this regard; iv. It shall be open to the learned Principal Judge, Family Court, Bengaluru, to assign the transferred case to an appropriate Court; - 6 - HC-KAR NC: 2025:KHC:26961 CP No. 368 of 2024 v. Consequent to transfer, the transferee Court shall conduct further proceedings in accordance with law; vi. All contentions of both the parties are kept open. vii. It shall be open to both parties to cooperate with the transferee Court for expeditious disposal of the matter. Sd/- (C.M. POONACHA) JUDGE CKL List No.: 1 Sl No.: 17