- 1 - HC-KAR NC: 2025:KHC:21616 CP No. 500 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. 500 OF 2024 BETWEEN: DR. C.M. KAVANA W/O J. MADHUSUDAN, D/O C.B. MALLIKARJUN, AGED ABOUT 28 YEARS, R/O CHANNAGONDANAHALLI VILLAGE, CHIKKAMAGALURU TALUK, AND DISTRICT-577 101. …PETITIONER (BY MS. ANUPAMA D.A., ADVOCATE) AND: J. MADHUSUDAN S/O M. JAYACHANDRA, AGED ABOUT 28 YEARS, RESIDING AT DOOR NO.82, 2ND CROSS, 2ND MAIN, C BLOCK, SBM LAYOUT, BOGADI, MYSURU DISTRICT-570 024. …RESPONDENT (BY SRI. K. PRASANNA SHETTY, ADVOCATE) THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF THE CIVIL PROCEDURE CODE, PRAYING TO TRANSFER THE M.C.NO.999/2024 THIS IS PENDING ON THE FILE OF III ADDITIONAL PRINCIPAL FAMILY COURT AT MYSORE TO PRINCIPAL JUDGE, FAMILY COURT AT CHIKKAMAGALUR IN THE INTEREST OF JUSTICE AND EQUITY. Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:21616 CP No. 500 of 2024 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 under Section 24 of the Code of Civil Procedure, 19081 seeking for transfer of MC No.999/2024 pending on the file of the III Additional Principal Family Court, Mysore to the Principal Judge, Family Court, Chikkamagaluru. 2. For the sake of convenience, the parties herein are referred to as per their relationship. 3. The relevant facts necessary for consideration of the present petition are that the marriage between the parties was solemnized on 30.4.2023 and the parties resided together for some time. However, due to various reasons, the parties have been residing separately. 4. The petitioner-wife has filed MC No.177/2024 under Section 9 of the Hindu Marriage Act, 1 Hereinafter referred to as ‘the CPC’ - 3 - HC-KAR NC: 2025:KHC:21616 CP No. 500 of 2024 19552, which is pending before the Court of the Principal Judge, Family Court, Chikkamagaluru for restitution of conjugal rights. The respondent-husband has filed MC No.999/2024 under Section 13(1)(ia)(ib) of the H.M.Act for divorce, which is pending before the III Additional Principal Family Court, Mysuru. Seeking for transfer of M.C.No.999/2024, the petitioner-wife has filed the present petition. 5. Learned counsel for the petitioner submits that the husband is gainfully employed at Bengaluru and has an independent source of income and great hardship will be caused to the wife if she is required to travel to Mysuru to contest MC No.999/2024 instituted by the husband. Hence, he seeks for allowing of the present petition and granting of the reliefs as sought for. 6. Per contra, learned counsel for the respondent has vehemently oppose and the present petition and submits that the wife is a qualified Doctor and she is gainfully employed at Davangere. It is further contended that no hardship will be caused to the wife if she is required to travel to Mysuru for the 2 Hereinafter referred to as ‘H.M.Act’ - 4 - HC-KAR NC: 2025:KHC:21616 CP No. 500 of 2024 purpose of contesting MC No.999/2024. Hence, he seeks to dismiss the present petition. 7. The submissions made by both the learned counsel 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? 8. Having regard to the fact that the husband is gainfully employed and having an independent source of income, as also keeping in mind the fact that the husband, in any event, will be required to travel to Chikkamagaluru for the purpose of contesting MC No.177/2024 instituted by the wife, 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 SHA3 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 3AIR ONLINE 2022 SC 1268 - 5 - HC-KAR NC: 2025:KHC:21616 CP No. 500 of 2024 in the present petition be granted. Accordingly, the question framed for consideration is answered in the affirmative. 9. In view of the aforementioned, the following order is passed: ORDER i. The above petition is allowed; ii. M.C.No.999/2024 pending on the file of the III Additional Principal Family Court, Mysuru shall stand transferred to the Court of Principal Judge, Family Court, Chikkamagaluru; iii. The parties shall appear before the transferee Court on 23.07.2025 without the requirement of any further notice being issued in this regard; iv. Consequent to appearance of the parties, the transferee Court shall conduct further proceedings, in accordance with law; - 6 - HC-KAR NC: 2025:KHC:21616 CP No. 500 of 2024 v. All contentions of the parties are left open. In view of disposal of the petition, I.A.No.1/2024 does not survive for consideration and is disposed of. Sd/- (C.M. POONACHA) JUDGE TL /List No.: 1 Sl No.: 36