- 1 - HC-KAR NC: 2025:KHC-K:3866 CP No. 200015 of 2025 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 14TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI CIVIL PETITION NO.200015 OF 2025 BETWEEN: SMT. MALASHREE @ POOJA, W/O BABU TALWAR, AGE: 24 YEARS, OCC: HOUSEWIFE, R/O CHIMMAIDALAI, TQ. CHINCHOLI, DIST. KALABURAGI-585307. …PETITIONER (BY SRI. AMBIKA ISHWARAJ CHOWDAPUR, ADVOCATE) AND: SRI. BABU S/O SHAMARAYA, AGE: 34 YEARS, POLICE HEAD CONSTABLE, WORKING AT BENGALURU, R/O AT NO.1/26, HODEBEERANAHALLI VILLAGE, CHINCHOLI TALUKA, SULEPETH, KALABURAGI DISTRICT. NOW R/O AT NO.404, SAI SADAN, 2ND FLOOR, SHAKTHI FARM ROAD, 3RD CROSS, BHOOPASANDRA, RMV 2ND STAGE, BANGALORE-560094. …RESPONDENT (BY SRI. MANJUNATH P. N, ADVOCATE) Digitally signed by RAMESH MATHAPATI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:3866 CP No. 200015 of 2025 THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF THE CPC, PRAYING TO ALLOW THIS CIVIL PETITION AND THEREBY TRANSFER M.C NO.7848/2024 PENDING ON THE FILE OF THE PRINCIPAL JUDGE FAMILY COURT, BENGALURU TO THE FAMILY Court, KALABURAGI DISTRICT. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI ORAL ORDER (PER: HON'BLE MR. JUSTICE RAVI V HOSMANI) This petition is filed for transfer of proceedings in M.C.no.7848/2024 on file of Principal Judge, Family Court, Bengaluru to Court of Family Court, Kalaburagi. 2. Smt.Ambika Ishwaraj Chowdapur, learned counsel submitted, marriage of petitioner and respondent was solemnized on 13.03.2023 at Guru Mahanteshwara Samskruth Bhavan, Sedam Road, Sulepeth, Chincholi taluk as per Hindu customs. At time of marriage, 10 tolas gold and `5.00 lakhs were given. Her parents also spent `10.00 lakhs for wedding. After marriage, couple resided in Hodebeeranahalli village for one month and later shifted to Bengaluru. However, after some - 3 - HC-KAR NC: 2025:KHC-K:3866 CP No. 200015 of 2025 days, respondent-husband started ill-treating her for silly reasons and despite advice, respondent did not change his attitude. Thereafter, he sent petitioner away to her maternal home that he would take her back later. Thereafter, respondent filed petition for divorce under Section 13(1)(i)(ib) of Hindu Marriage Act. It was submitted, petitioner was residing with her parents house at Chimmaidlai village, Chincholi Taluk and was finding it extremely difficult to travel for Bengaluru for prosecuting divorce petition. Therefore, she was seeking transfer of same to Family Court at Kalaburagi. 3. Heard learned counsel. 4. Counsel for respondent is absent. 5. From above, it is seen that marriage between petitioner and respondent is not in dispute. Even as per address mentioned in cause title of MC no.7848/2024, place of residence of petitioner is shown as Chimmaidlai village, Chincholi Taluk. As per place of residence of petitioner herein, jurisdictional Family Court would be Family Court at Kalaburagi. Though filing of matrimonial case at Family Court, Bengaluru, - 4 - HC-KAR NC: 2025:KHC-K:3866 CP No. 200015 of 2025 taking note of place of last matrimonial home would be technically justified, in case of matrimonial proceedings convenience of wife has to be given priority. It is seen that Family Court at Bengaluru is at a distance of more than 600 kilometers from Chimmaidlai Village. Moreover, respondent- husband is working as Police Constable and would be able to attend proceedings at Kalaburagi. Taking note of ratio laid down by Hon’ble Supreme Court in case of Sunita Singh v. Kumar Sanjay and another1 and in case of Rajani Kishore Pardeshi v. Kishor Babulal Pardeshi2, petition requires to be allowed. Hence, following : ORDER i) Petition is allowed, MC no.7848/2024 presently on file of Principal Judge, Family Court, Bengaluru stands withdrawn and transferred to Court of Principal Judge, Family Court, Kalaburagi. ii) Since parties are represented, they are directed to appear before transferee Court without awaiting fresh notice on 18.08.2025. 1 AIR 2002 SC 396 2 (2005) 12 SCC 237 - 5 - HC-KAR NC: 2025:KHC-K:3866 CP No. 200015 of 2025 iii) Transferor Court to transmit records well before said date. Sd/- (RAVI V HOSMANI) JUDGE SN List No.: 1 Sl No.: 32 CT:SI