- 1 - HC-KAR NC: 2026:KHC:33110 CP No. 78 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JULY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA CIVIL PETITION NO. 78 OF 2026 BETWEEN: SMT. NAZIA SULTANA W/O SRI. PIROZ KHAN P AGED ABOUT 27 YEARS, R/AT PATHAPALYA VILLAGE, BAGEPALLI TALUK, CHIKKABALLAPURA-DISTRICT. …PETITIONER (BY SRI. PRAKASHA M., ADVOCATE) AND: SRI FIROZ KHAN P C/O KHASIM KHAN AGED ABOUT 35 YEARS, R/AT NO.32, 245/26/5, PRAKASH BUILDING, NAIDU LAYOUT, JARAGANAHALLI, RAJEEV GANDHI ROAD, J.P.NAGAR, BENGALURU-560 078. …RESPONDENT (BY SRI. MURALI D., ADVOCATE) THIS CIVIL PETITION IS FILED UNDER SEC. 24 OF CPC PRAYING TO WITHDRAW THE SUIT IN OS NO. 42/2024 ON THE FILE OF THE V ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BENGALURU AND SAME MAY BE TRANSFE TO BEFORE THE HONBLE SENIOR CIVIL JUDGE AND JMFC, FAMILY COURT AT SIDLAGHATTA, CHIKKABALLAPURA. Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:33110 CP No. 78 of 2026 THIS PETITION HAVING BEEN HEARD AND RESERVED ON 30.06.2026 COMING ON FOR PRONOUNCEMENT OF ORDER THIS DAY, P SREE SUDHA J., MADE THE FOLLOWING: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA CAV ORDER This transfer petition is filed by wife for transfer of O.S. No.42 of 2024 filed by respondent-husband for dissolution of marriage before the V Additional Principal Judge, Family Court, Bengaluru to the Court of Senior Civil Judge and JMFC, Family Court, Sidlaghatta, Chikkaballapura. 2. The petitioner has stated that her marriage with respondent-husband was performed in the year 2013. Out of their wedlock, a male child was born on 01.07.2014 and he is aged 11 years now, and a female child was born on 10.01.2020 and she is aged 5 years. It is further stated that she filed Criminal Miscellaneous No.20 of 2024 for maintenance before the Court of Senior Civil Judge and JMFC, Sidlaghatta. She further stated that respondent has wrongly mentioned address in O.S. No.42 of 2024 before the Family Court and he is doing real estate business earning Rs.80,000/- per month. She has - 3 - HC-KAR NC: 2026:KHC:33110 CP No. 78 of 2026 no source of income and she cannot travel from Sidlaghatta to Bengaluru to attend court proceedings. 3. In the objections filed by the respondent-husband, he has stated that the petitioner-wife has filed this petition as a counterblast to the proceedings initiated by him and to compel him to withdraw civil and criminal proceedings. The respondent has stated that he was subjected to physical assault, threat and abduction at the instance of petitioner and her associates. As such, he is taking shelter in Bangalore and pursuing the other proceedings. He further stated that he filed a criminal case in Crime No.69 of 2023 against the petitioner-wife for assault on 07.08.2023. He stated that, previously, he was operating ‘Bharath Medical and General Store’, but the petitioner has taken over the medical store and presently operating the same under the name and style of ‘New Bharath Medical and General Store’. The respondent also stated that the petitioner is not residing in Bengaluru and she is residing in the village and managing the medical business which belongs to him and she is financially supported by her family members. The respondent further stated that he initiated proceedings in PCR No.26 of - 4 - HC-KAR NC: 2026:KHC:33110 CP No. 78 of 2026 2024 against the petitioner-wife and enclosed copy of order sheet and complaint to the objection statement. He also stated that petitioner-wife is contesting multiple proceedings in various courts and the distance between the places cannot be considered as a sufficient ground for transfer. 4. Learned counsel for the respondent submitted that, in fact, the petitioner-wife thrown the respondent-husband out of his own house and she is residing in his house in the village and also taken over medical store run by the respondent- husband and now, the criminal cases are pending between the parties. It is submitted that the respondent’s father also filed a suit for partition against him in O.S. No.17/2024 and the petitioner-wife filed criminal Miscellaneous No.20 of 2024 under Section 125 of Cr.P.C. and she has also filed O.S. No.271 of 2024 claiming rights over certain properties. 5. Heard the arguments of learned counsel for both sides. 6. The main contention of petitioner-wife is to transfer O.S. No.42 of 2024 pending before V Additional Principal Judge, - 5 - HC-KAR NC: 2026:KHC:33110 CP No. 78 of 2026 Family Court, Bengaluru to the Court of Senior Civil Judge and JMFC, Family Court, Sidlaghatta, Chikkaballapura. Whereas, the respondent-husband states that petitioner-wife and her associates confined him wrongfully, assaulted and also threatened him to appear before the concerned Court and hence, he has taken shelter in Bangalore. The distance between Sidlaghatta and Bangalore is about 64 kilometers. Therefore, this Court finds that it is not a fit case for transfer the suit pending before the Court at Bengaluru. 7. In the result, the civil petition is dismissed. However, the petitioner-wife is permitted to file chief examination affidavit and she can be cross examined through a Commissioner or through video conferencing. The Family Court is directed not to insist upon the presence of petitioner unless there is any requirement. Sd/- (P SREE SUDHA) JUDGE CS CT:NR List No.: 1 Sl No.: 40