- 1 - HC-KAR NC: 2025:KHC:28124 CP No. 359 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA CIVIL PETITION NO. 359 OF 2024 BETWEEN: SMT. A. NANDINI AGED ABOUT 28 YEARS W/O. T R RAGHUNANDAN, D/O ACCHAPPA, R/AT DINNENAHALLI, JARABANDANAHALLI POST, MANCHENAHALLI HOBLI, GOWRIBINAUR TALUK, NOW R/A. NO.71 SHIRADISAI BHAVAN, VEERAPILLAI STREET, SHIVAJINAGARA, BENGALURU 560 042. …PETITIONER (BY SRI. SHEKARAPPA., ADVOCATE) AND: SRI. T. R. RAGHUNANDAN S/O. RANGASHAMAIAH T D, AGED ABOUT 28 YEARS, R/AT 2, 5TH CROSS VINAYAKA NAGARA, 14TH WARD MUDLAPANNE KORATAGERE TOWN AND TALUK, TUMAKURU DIST 572101. …RESPONDENT (BY SRI. BALAGANGADHAR G S., ADVOCATE) THIS CIVIL PETITION UNDER SECTION 24 OF CODE OF CIVIL PROCEDURE, 1908 PRAYING TO PASS AN ORDER DIRECTING CASE IN M.C. NO.45/2024, FILED BY THE RESPONDENT HEREIN AGAINST THE PETITIONER UNDER SECTION 13(1)(1a)(ib) OF HINDU MARRIAGE ACT, 1955 ON THE FILE OF PRINCIPAL SENIOR CIVIL JUDGE AND JMFC AT MADHUGIRI, BE TRANSFERRED TO PRINCIPAL FAMILY JUDGE AT BENGALURU AND GRANT SUCH OTHER RELIEF/S DEEM FIT TO GRANT TO THE PETITIONER, UNDER THE CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE. Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:28124 CP No. 359 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 by the wife under Section 24 of the Code of Civil Procedure, 19081 seeking for transfer of M.C No.45/2024 pending on the file of the Principal Senior Civil Judge and JMFC, Madhugiri to the Court of Principal Judge, Family Court, Bengaluru. 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 11.12.2020 and the parties were staying together for some time. However, due to various reasons the parties have been residing separately from January, 2021. The husband filed M.C.No.102/2022 on the file of Additional Senior Civil Judge, Madhugiri under Section 1 Hereinafter referred to as ‘CPC’ - 3 - HC-KAR NC: 2025:KHC:28124 CP No. 359 of 2024 9 of the Hindu Marriage Act, 19552 for restitution of conjugal rights, which proceeding was contested by the wife and which petition was allowed vide order dated 24.11.2023. Since co-habitation was not resumed, the husband has instituted M.C.No.45/2024 under Section 13(1)(ia) (ib) of the Act for divorce, which is pending before the Principal Civil Judge and JMFC, Madhugiri. Hence, seeking transfer of M.C. No.45/2024, the wife has filed the present petition. 4. Heard Sri. Shekarappa, learned counsel for the petitioner – wife and Sri. Balagangadhara G.S., learned counsel for respondent - husband. 5. It is the contention of the petitioner that the wife is staying along with her parents at Bengaluru and is dependant on them for her livelihood. It is further contended that there is no other person available to accompany the wife for the purpose of travel to Madhugiri to contest M.C.No.45/2024 instituted by the husband. That the parents of the wife are daily wage labourers and are required to work on a daily wage basis for the purpose of supporting the 2 Hereinafter referred to as ‘Act’ - 4 - HC-KAR NC: 2025:KHC:28124 CP No. 359 of 2024 family. Hence, he seeks for allowing the present petition and granting of the reliefs sought for. 6. Per contra, the learned counsel for the respondent relying upon the assertions made in the statement of objections vehemently opposed the present petition and contends that the husband having earlier instituted M.C.No.102/2022 and the wife having contested the said proceedings at Madhugiri, question of granting the relief sought for in this petition does not arise. It is further contended that the distance between the Bengaluru and Madhugiri is about 100 k.ms. and various convenient modes of transport are available. Hence, he seeks for dismissal of present petition. 7. The submission of both the learned counsels have been considered and the material on record has been perused. 8. The relationship between the parties is undisputed and the pendency of the legal proceedings between the parties are a matter of record. - 5 - HC-KAR NC: 2025:KHC:28124 CP No. 359 of 2024 9. In view of the fact that the wife is living along with her parents at Bengaluru as she is stated to be dependant on them for her livelihood, also having regard to the fact that the husband is gainfully employed having an independent source of income, as also in view of 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 for in the present petition be granted. 10. In view of the aforementioned, the following: ORDER i. The above petition is allowed; ii. MC.No.45/2024 pending on the file of Principal Senior Civil Judge and JMFC, Madhugiri shall stand transferred to the Court of Principal Judge, Family Court, Bengaluru; iii. Both parties shall appear before the Principal Judge, Family Court, Bengaluru on 28.08.2025 3 AIR ONLINE 2022 SC 1268 - 6 - HC-KAR NC: 2025:KHC:28124 CP No. 359 of 2024 without 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; v. Consequent to transfer, 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 HJ List No.: 1 Sl No.: 10