- 1 - HC-KAR NC: 2025:KHC:25586 CP No. 512 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA CIVIL PETITION NO. 512 OF 2024 BETWEEN: SMT. REKHA RANI S. W/O SANTHOSH H.S., AGED ABOUT 39 YEARS, RESIDING AT NO.28, GIRLS SCHOOL STREET, KUMARA PARK WEST, 4TH BLOCK, SESHADRIPURAM, BANGALORE-560 020. …PETITIONER (BY SMT. ARSHIYA FARHEEN, ADVOCATE FOR SRI. RAVISHANKER N., ADVOCATE) AND: SRI. SANTHOSH H.S. S/O SIDDEGOWDA, AGED ABOUT 40 YEARS, #131, SANTHOSHA DEEPA, ERAMMA LAYOUT, JIGANI ROAD, HULIMANGALA, BANGALORE-560 100. ALSO AT SRI. SANTHOSH H.S., HR DEPARTMENT, HERITAGE FOODS LTD., SY.NO.64/1,2,3,4, GUDAHATTI ROAD, NEAR GUESTLINE HOTEL, YADAVANAHALLI, KARNATAKA-562 017. …RESPONDENT Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:25586 CP No. 512 of 2024 (BY Sri K.ASHWIN PRABHU, ADVOCATE FOR SRI. NARASIMHA PRASAD S.D., ADVOCATE) THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF THE CIVIL PROCEDURE CODE, 1908, PRAYING TO PASS AN ORDER TRANSFERRING DIVORCE PETITION IN M.C.NO.26/2020 AND M.C.NO.93/2020 FILED BEFORE PRINCIPAL SENIOR CIVIL JUDGE AND JMFC., ANEKAL BEFORE THE APPROPRIATE JURISDICTION OF FAMILY COURT, BANGALORE OTHERWISE GREAT PREJUDICE AND HARDSHIP WILL BE CAUSED TO THE PETITIONER. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE C.M. POONACHA ORAL ORDER The present petition is filed by the petitioner-wife seeking for transfer of MC No.93/2020 and MC No.26/2020 which is pending on the file of the Principal Senior Civil Judge and JMFC, Anekal, Bangalore Rural to the Jurisdictional Family Court, Bengaluru. 2. For the sake of convenience, the parties herein are referred to as per their relationship. - 3 - HC-KAR NC: 2025:KHC:25586 CP No. 512 of 2024 3. The relevant facts necessary for consideration of the present petition are that the marriage between the parties was solemnized on 9.11.2008 and a son is born to the parties on 2.3.2014 from their wedlock. However, due to various reasons the parties have been residing separately. 4. The husband has filed MC No.26/2020 under Section 9 of the Hindu Marriage Act, 19551 for restitution of conjugal rights, which is pending before the Principal Senior Civil Judge and JMFC, Anekal. The wife has filed MC No.93/2020 under Section 13(1)(1a) of the H.M.Act seeking for divorce, which is pending before the Court of the Principal Senior Civil Judge and JMFC, Anekal. The wife had also filed Crl.Misc.No.801/2024, which was pending before the V Additional Principal Judge, Family Court, Bengaluru, for maintenance. Seeking transfer of MC No.93/2020 & MC No.26/2020, the present petition is filed. 5. It is submitted that Crl.Misc.No.801/2024 filed by the wife has been withdrawn. It is further submitted that 1 Hereinafter referred to as 'H.M.Act' - 4 - HC-KAR NC: 2025:KHC:25586 CP No. 512 of 2024 pursuant to the order dated 25.10.2023 passed by the Court of the Principal Senior Civil Judge and JMFC, Anekal, in MC No.26/2020, the same has been clubbed with MC No.93/2020. 6. Heard submissions of the learned counsel Smt.Arshiya Farheen for the learned counsel Sri N. Ravishankar, for the petitioner and the learned counsel Sri K.Ashwin Prabhu for Sri S.D.Narasimha Prasad for the respondent. 7. Learned counsel for the petitioner seeking for grant of relief in the present petition submits that the wife is dependant on her mother and brother for the livelihood of herself and son of the parties and great hardship will be caused to the wife if she is required to travel to Anekal for the purpose of prosecuting the proceedings initiated by her as well as contesting proceedings initiated by the husband since she is currently residing in Bengaluru. It is further contended that the husband is gainfully employed at Bengaluru and has an independent source of income and hence no hardship would be - 5 - HC-KAR NC: 2025:KHC:25586 CP No. 512 of 2024 caused to the husband if the relief sought for in the present petition is granted. 8. Per contra, learned counsel for the respondent vehemently opposing the relief sought for in the present petition contends that the wife having instituted the proceedings at Anekal, no ground is made out for granting of the reliefs sought for in the present petition. It is further contended that the distance between Bengaluru and Anekal is less than 30 Kms. and no hardship will be caused to the wife if she is required to travel to Anekal for the purpose of prosecuting and contesting the proceedings. Hence, he seeks for dismissal of the petition. 9. The submissions of both the learned counsels have been considered and the material on record has been perused. The question that arises for consideration is, whether the relief sought for in the present petition is liable to be granted? 10. The essential factual matrix is undisputed inasmuch as the relationship between the parties is admitted as also the fact that a son born to the parties is in care and custody of the - 6 - HC-KAR NC: 2025:KHC:25586 CP No. 512 of 2024 mother. The legal proceedings initiated by the respective parties are a matter of record. 11. In view of the contention of the wife that she is currently residing at Bengaluru, as is forthcoming from the material on record, having regard to the fact that the care and custody of the son of the parties is with the wife, as also the contention that she is dependant on her mother and brother for the sustenance of herself and the son of the parties, keeping in mind the fact that the husband is gainfully employed having an independent source of income as also 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 SHA2 that while considering cases for transfer of matrimonial proceedings, the convenience of wife will have to be given precedence to, it is just and proper that the relief sought in the present petition be granted. Accordingly, the question framed for consideration is answered in the affirmative. 2 AIR ONLINE 2022 SC 1268 - 7 - HC-KAR NC: 2025:KHC:25586 CP No. 512 of 2024 12. In view of the aforementioned, the following order is passed: ORDER i. The above petition is allowed; ii. M.C.No.93/2020 as also M.C.No.26/2020 (which has been clubbed with M.C.No.93/2020) pending on the file of the Principal Senior Civil Judge and JMFC, Anekal, shall stand transferred to Court of the Principal Judge, Family Court, Bengaluru; iii. Both the parties shall appear before the Principal Judge, Family Court, Bengaluru, on 31.7.2025, 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 cases to an appropriate Court; - 8 - HC-KAR NC: 2025:KHC:25586 CP No. 512 of 2024 v. Consequent to appearance of the parties, the Transferee Court shall conduct further proceedings, in accordance with law; vi. All contentions of the parties are left open. Sd/- (C.M. POONACHA) JUDGE TL List No.: 1 Sl No.: 38