- 1 - HC-KAR NC: 2026:KHC:5276 CP No. 377 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA CIVIL PETITION NO. 377 OF 2025 BETWEEN: SMT R ARCHANA D/O RAMAPPA, W/O VIJAYA KUMAR AGED ABOUT 28 YEARS, R/O ARALAKUNTE VILLAGE, YELDUR HOBLI, SRINIVASPURA-TQ. NOW AT FLAT NO-14, BRIRAM BRUNDAVANA, VENKATESWARA LAYOUT BEHIND ROPESH HOTEL. BOMMABANDRA JIGANI LINK ROAD, BOMMASANDRA INDUSTRIAL AREA. BENGALURU-560 099, …PETITIONER (BY SRI. HALLI SHANTAPPA BASAPPA., ADVOCATE) AND: M G VIJAYA KUMAR S/O YELEGOWDA, AGED ABOUT 34 YEARS, R/O MATNAHALLI VILLAGE, SUGUTUR HOBLI-563101, KOLAR-TQ DISTRICT, …RESPONDENT (BY SRI. RAHUL S. REDDY., ADVOCATE) THIS CP IS FILED UNDER SECTION 24 OF CPC, PRAYING TO WITHDRAW THE G AND W.C. NO.1/2025 ON THE FILE OF PRINCIPAL JUDGE, FAMILY COURT AT KOLAR, AND SAME IS TRANSFER TO PRINCIPAL JUDGE FAMILY COURT AT BENGALURU AND PASS ANY OTHER SUITABLE ORDERS DEEMS Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court Of Karnatka - 2 - HC-KAR NC: 2026:KHC:5276 CP No. 377 of 2025 FIT ON THE FACTS AND CIRCUMSTANCES OF THE CASE, 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 learned counsel for the both sides. 2. This Civil Petition is filed by the wife for transfer of G & W.C.No.1/2025, which was filed by the husband before the Court of Principal Judge, Family Court, Kolar, wherein the husband has requested the Court to appoint him as guardian of the minor child. 3. Initially husband had filed M.C.No.55/2023 for the restitution of conjugal rights and it was decreed in his favour. Aggrieved by the same, the wife has preferred an appeal before this Court in MFA No.8688/2025, which is still pending. 4. The marriage between the parties was solemnized on 27.11.2020 and they are blessed with a female child who is presently aged about 2 1/2 years. In the G & W.C. No.1/2025, the Family Court, Kolar, by interim order dated 07.08.2025, - 3 - HC-KAR NC: 2026:KHC:5276 CP No. 377 of 2025 granted liberty to the father to visit the house of his wife and to spend time with the ward from 10.00 a.m. to 05.00 p.m. on every Friday. The wife was also directed to treat the husband with respect and dignity and hand over the custody of the child between 10.00 a.m. and 02.00 p.m. Apart from that, visitation is also granted on all Court hearing dates between 12.00 p.m. and 02.00 p.m. It is stated that the said order regarding the visitation in Court timings is stayed by this Court. The wife is residing with her parents at Bengaluru, whereas the husband is residing at Kolar and is working as an agriculturist and also engaged in civil contract works. The petition under the G & W.C. is filed for custody of the minor child who is aged about 2½ years. As per the provisions of the Act, custody of the child should be with the mother till she attains the age of five years. In that view of the matter, the filing of G & W.C. itself is not proper. However, interim visitation rights have been granted to the husband. 5. Therefore, it is inconvenient for the petitioner to travel along with the minor child from Bengaluru to Kolar for each hearing, as the distance between the two places is about - 4 - HC-KAR NC: 2026:KHC:5276 CP No. 377 of 2025 67 kilometres. Hence, this Court finds it just and reasonable to transfer G & W.C. No.1/2025 from the Court of the Principal Judge, Family Court, Kolar, to the Court of the Principal Judge, Family Court, Bengaluru. Accordingly, The Civil Petition is allowed. Sd/- (P SREE SUDHA) JUDGE AMA List No.: 1 Sl No.: 51