- 1 - HC-KAR NC: 2025:KHC:27070 CP No. 92 of 2025 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. 92 OF 2025 BETWEEN: SMT KAMALA S R W/O ARUNKUMART.V, D/O RUDRACHARI K.D. AGED ABOUT 35 YEARS, ASSISTANT TEACHER, R/AT SHIRAMAGONDANAHALLI. DAVANAGERE TALUK AND DISTRICT-577005 …PETITIONER (BY SRI. MARUTHI G B, ADVOCATE) AND: ARUNAKUMAR T V S/O VISHWANATHACHAR, AGED ABOUT 36 YEARS, OCC AGRICULTURIST AND CARPENTER, R/AT THODARANAHAL VILLAGE, HOLALKERE TALUK, CHITRADURGA DISTRICT- 577526 …RESPONDENT (RESPONDENT SERVED) THIS CIVIL PETITION IS FILED UNDER SEC. 24 OF THE CIVIL PROCEDURE CODE. 1908 PRAYING TO TRANSFER THE PETITION IN MC NO.24/2024 PENDING ON THE FILE OF THE HONBLE IN THE COURT OF SENIOR CIVIL JUDGE AND JMFC, AT HOLALKERE TO THE HONBLE FAMILY COURT JUDGE AT DAVANAGERE AND ETC. 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:27070 CP No. 92 of 2025 CORAM: HON'BLE MR. JUSTICE C.M. POONACHA ORAL ORDER The present petition is filed by the wife under Section 24 of the Civil Procedure Code, 19081 seeking for transfer of MC No.24/2024 pending on the file of the Senior Civil Judge and JMFC, Holalkere to the Family Court, Davangere. 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 14.4.2022 and the parties lived together for sometime. However, due to various reasons, the parties are residing separately. The respondent/husband has filed MC No.24/2024 under Section 9 of the Hindu Marriage Act, 19552, for restitution of conjugal rights. Seeking for transfer of said MC No.24/2024, the present petition is filed. 4. Heard the submissions of learned counsel for the petitioner. 5. The respondent is served and unrepresented. 1 Hereinafter referred to as ‘CPC’ 2 Hereinafter referred to as ‘H.M.Act’ - 3 - HC-KAR NC: 2025:KHC:27070 CP No. 92 of 2025 6. Learned counsel for the petitioner submits that the wife is staying along with her parents, who are having various age related ailments. It is also submitted that the mother of the wife is suffering from cancer. Hence, great hardship will be caused to the wife since there is no other person to accompany her to travel to Holalkere for the purpose of contesting MC No.24/2024. It is also submitted that the husband is gainfully employed and having an independent source of income. 7. Having regard to the fact that the wife is staying along with her parents, as also the contention that the parents of the wife are suffering from various medical ailments as noticed above, since the husband is gainfully employed and having an independent source of income, as also keeping in mind 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 SHA3 that while considering cases for transfer of matrimonial proceedings, the convenience of wife will have to be given precedence to, it is 3 AIR ONLINE 2022 SC 1268 - 4 - HC-KAR NC: 2025:KHC:27070 CP No. 92 of 2025 just and proper that the relief sought in the present petition be granted. 8. In view of the aforementioned, the following: ORDER i. The above petition is allowed; ii. MC No.24/2024 pending on the file of Senior Civil Judge and JMFC, Holalkere, shall stand transferred to the Family Court, Davanagere; iii. The petitioner shall appear before the transferee Court on 21.8.2025 without the requirement of further notice in this regard; iv. Consequent to transfer, the transferee Court shall conduct further proceedings in accordance with law; v. All contentions of the parties are left open. Sd/- (C.M. POONACHA) JUDGE ND List No.: 1 Sl No.: 32