- 1 - HC-KAR NC: 2026:KHC:35087 CP No. 13 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JULY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA CIVIL PETITION NO. 13 OF 2026 (-) BETWEEN: 1. SMT. SHUBHA B, W/O SANTHOSH KUMAR H., AGE ABOUT 36 YEARS, PRESENTLY R/AT ILAPURA VILLAGE, KASABA HOBLI, BAGUR POST, HOSADURGA TALUK CHITRADURGA DISTRICT - 577515 …PETITIONER (BY SRI. SATHEESH H K., ADVOCATE) AND: 1. SRI SANTHOSH KUMAR H S/O HEMAKUMAR M AGE ABOUT 38 YEARS NO.14, 2ND MAIN ROAD, 4TH CROSS, B. K. NAGAR, YESHWANTHPURA , BENGALURU - 560022 …RESPONDENT (BY SRI. PRAVEENA KUMARA NIRVANI, ADVOCATE) THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF THE CIVIL PROCEDURE CODE, 1908, PRAYING TO TRANSFER M.C.NO.5863/2025 PENDING ON THE FILE OF IST ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BANGALORE TO THE SENIOR CIVIL JUDGE AND JMFC, AT HOSADURGA AND DECIDE IT ON MERITS AND PASS SUCH OTHER ORDERS THAT THIS HONBLE COURT DEEMS Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:35087 CP No. 13 of 2026 FIT IN THE CIRCUMSTANCES OF THE CASE BY ALLOWING THIS PETITION WITH COSTS IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL ORDER Heard the arguments of the learned counsel for both sides. 2. The present petition is filed by the wife seeking transfer of M.C. No.5863/2025, instituted by the respondent-husband for dissolution of marriage before the I Additional Principal Judge, Family Court, Bengaluru, to the Court of the Senior Civil Judge and JMFC at Hosadurga. 3. It is the case of the petitioner that she is presently residing at Hosadurga along with her mother, younger brother and her two minor twin children, aged about three years. She is not employed and has no independent source of income. Her marriage with the respondent was solemnized in the year 2017. It is her - 3 - HC-KAR NC: 2026:KHC:35087 CP No. 13 of 2026 contention that the respondent neglected and deserted her from 08.08.2022. It is further submitted that the distance between Bengaluru and Hosadurga is approximately 207 kilometres and, therefore, it is extremely difficult for her to travel to Bengaluru on every date of hearing while taking care of her minor children. 4. Per contra, the learned counsel for the respondent relied upon the judgment in the case of Malyala Bhagya v. Rallabandi Ramanachary, reported in 2021 (5) ALT 592, and contended that the mere inconvenience of the wife is not by itself a ground for transfer of the matrimonial proceedings. It is further submitted that the respondent is working as a Police Head Constable and that the allegation that he is earning agricultural income of Rs.2,00,000/- is incorrect. According to the respondent, the petitioner has been residing at her parental home since May 2022. It is also contended that it would not be safe or convenient for the respondent to travel from Bengaluru to Hosadurga on every hearing, as - 4 - HC-KAR NC: 2026:KHC:35087 CP No. 13 of 2026 he would not be in a position to obtain leave frequently from his duties. It is further alleged that there is a threat to the respondent from the petitioner's side. 5. Having considered the rival submissions, this Court finds that the petitioner is residing at Hosadurga along with her two minor twin children, aged about three years, and has no independent source of income. The distance between Bengaluru and Hosadurga is about 207 kilometres. In such circumstances, it would cause considerable hardship to the petitioner to travel to Bengaluru on every date of hearing while taking care of the minor children. 6. Though the respondent has contended that there is a threat from the petitioner's side, no material has been placed before this Court to substantiate the said allegation. Therefore, the said contention cannot be accepted. - 5 - HC-KAR NC: 2026:KHC:35087 CP No. 13 of 2026 7. In the facts and circumstances of the case, this Court is of the considered opinion that it would be just and reasonable to transfer M.C. No.5863/2025 from the file of the I Additional Principal Judge, Family Court, Bengaluru, to the Court of the Senior Civil Judge and JMFC, Hosadurga. 8. However, having regard to the fact that the respondent is serving as a Police Constable, the Court of the Senior Civil Judge and JMFC, Hosadurga is directed not to insist upon his personal appearance on every date of hearing unless his presence is specifically required. The respondent-husband shall be at liberty to participate in the proceedings through virtual mode, wherever permissible in accordance with law. Accordingly, the petition is allowed. Pending interlocutory applications, if any, stand disposed of. Sd/- (P SREE SUDHA) JUDGE VBS/List No.: 1 Sl No.: 10