- 1 - HC-KAR NC: 2025:KHC:31589 CP No. 70 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA CIVIL PETITION NO.70 OF 2025 BETWEEN: SMT. PADMA D/O PATELAPPA, W/O V.N.VINAY KUMAR, AGED ABOUT 28 YEARS, R/AT GONTIGANA HUDYA VILLAGE, MANDIKAL HOBLI, PERESANDRA POST, CHIKKABALLAPURA DISTRICT-562104. …PETITIONER (BY SRI N. MANJUNATHA, ADVOCATE) AND: SRI V.N. VINAY KUMAR S/O V.G. NARAYANASWAMY, A/A 33 YEARS, R/AT NO.39/2, SRI LAKSHMI, VENKATESHWARA NILAYA, 7TH CROSS, 6TH PHASE, SAMYUKTHA LAYOUT, J.P.NAGAR, BENGALURU-560078 PERMANENT ADDRESS R/AT #849/1, WARD NO.4, NEAR POLICE PARADE GROUND, DINNEHOSAHALLI ROAD, PRASHANTH NAGAR, CHICKKABALLAPURA TOWN, CHIKKABALLAPURA DISTRICT-562101. …RESPONDENT (BY SRI C.R. RAGHAVENDRA REDDY, ADVOCATE FOR C/R) Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:31589 CP No. 70 of 2025 THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF THE CIVIL PROCEDURE CODE, 1908 PRAYING TO TRANSFER THE PETITION IN MC NO.5823/2024 ON THE FILE OF THE PRINCIPAL JUDGE FAMILY COURT AT BENGALURU TO THE LEARNED PRINCIPAL JUDGE, FAMILY COURT, CHIKKABALLAPURA FOR ADJUDICATION IN ACCORDANCE WITH LAW. 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 seeking to withdraw M.C. No.5823/2024 pending on the file of the Principal Judge, Family Court at Bengaluru and transfer the same to the Principal Judge, Family Court, Chikkaballapur. 2. Heard the learned counsel for the petitioner and learned counsel appearing for the respondent and perused the material on record. 3. Facts in brief: The marriage between the petitioner-wife and the respondent-husband was solemnized on 11.12.2022 as per the customs prevailing in the community. From the wedlock, a child is born, who is presently in the care and - 3 - HC-KAR NC: 2025:KHC:31589 CP No. 70 of 2025 custody of the petitioner. It is the case of the petitioner that she is residing with her parents at Chikkaballapur, and being a woman with a minor child, she finds it difficult to travel frequently to Bengaluru to attend the proceedings initiated by her husband. She has therefore sought transfer of the matrimonial case to Chikkaballapur. 4. The respondent has filed objections contending that the petitioner has suppressed material facts. It is stated that when the matter was earlier referred for mediation at Chikballapur, on 26.10.2024, an altercation occurred between the parties in the Court premises, in which the petitioner and her brother allegedly assaulted the respondent. On the said incident, complaints and counter complaints were lodged. Crime No.132/2024 has been registered against the respondent, and the respondent has also lodged complaints before the Superintendent of Police, Chikkaballapur, as well as before the Registrar General of the High Court, seeking CCTV footage of the alleged assault. It is further alleged that the - 4 - HC-KAR NC: 2025:KHC:31589 CP No. 70 of 2025 petitioner's brother, being a police official, attempted to intimidate the respondent. In view of the said threats and pending criminal proceedings, it is contended that if the case is transferred to Chikkaballapur, the respondent will face danger to his safety and life. 5. It is not in dispute that several criminal proceedings pending between the parties arise out of the incidents that occurred at Chikkaballapur, including the alleged assault that took place in the Court premises on 26.10.2024. It is also noted that the matrimonial house is situated at Chikkballapur, but the respondent is employed and residing at Bengaluru. 6. Though the settled principle governing transfer of matrimonial matters is the convenience of the wife must ordinarily be given primacy, such principle is not absolute, each case must be examined in light of the peculiar facts and circumstances. - 5 - HC-KAR NC: 2025:KHC:31589 CP No. 70 of 2025 7. In the instant case, this Court notices that: i. There are complaints and counter complaints lodged by both parties at Chikkballapur; ii. The alleged incident has occurred at Chikkballapur Court premises and is the subject matter of a criminal investigation; iii. Transfer of pending M.C. to Chikkaballapur would lead to multiplicity of proceedings and aggravate the strained relationship between the parties. iv. The petitioner is not permanently residing but is presently residing at Mandikal Hobli, which is not proximate. The respondent is working at Bengaluru and has initiated proceedings there. v. In these circumstances, transferring the case to Chikkaballapur would neither advance the ends of justice nor secure a peaceful environment for the parties to prosecute their claims. - 6 - HC-KAR NC: 2025:KHC:31589 CP No. 70 of 2025 8. Having regard to the circumstances of this case, this Court is of the considered opinion that no ground is made out for transfer of M.C. No.5823/2024 from the Family Court at Bengaluru to the Family Court at Chikkaballapur. Accordingly, the civil petition stands dismissed. Sd/- _____________________ JUSTICE K.S. HEMALEKHA MBM List No.: 1 Sl No.: 1