(BY SRI. SHANKARANARAYANA BHAT N,ADVOCATE) v. All contentions of the parties are left open

(BY SRI. SHANKARANARAYANA BHAT N,ADVOCATE) …PETITIONER AND: MR IMRAN PASHA S/O MOHAMMAD DASTHAGIR AGED ABOUT 35 YEARS R/A NO.19, 14TH CROSS 11TH MAIN, BHUVANESHWARINAGARA R T NAGARA BENGALURU-560032 (BY SRI. DASTAGIR, ADVOCATE) …RESPONDENT THIS CIVIL PETITION IS FILED UNDER SEC.24 OF CPC, PRAYING TO ORDER THE TRANSFER OF THE CASE FILED BY THE RESPONDENT IN THE VI ADDL. PRL. JUDGE, FAMILY COURT, BENGALURU NORTH TALUK, BENGALURU IN O.S. NO.287/2023 TO THE COURT OF THE SENIOR CIVIL JUDGE AT KUNIGAL IN TUMKUR DISTRICT FOR ADJUDICATION IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: DEVI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:21499 CP No. 356 of 2023 HC-KAR CORAM: HON'BLE MR JUSTICE C.M. POONACHA ORAL ORDER The present petition is filed under Section 24 of the Code of Civil Procedure, 19081 by the wife seeking for transfer of OS.No.287/2023 pending on the file of the VI Additional Principal Judge, Family Court Bengaluru, to the Court of the Senior Civil Judge, Kunigal in Tumkur District.

Heard submissions of learned counsel Sri Shankaranarayana appearing for the petitioner. Notice issued respondent is served and respondent unrepresented.

The relevant facts forthcoming from the records are that the marriage between the parties was solemnized on

19.10.2014 at Divya Conventional Hall, KSRTC Depot Road, Kunigal and from the said wedlock two children was born to the parties. That the parties were residing together in the matrimonial home for some time. However, due to various reasons, the parties have been residing separately from 1 Hereinafter referred as to ‘CPC’ - 3 - NC: 2025:KHC:21499 CP No. 356 of 2023 HC-KAR

14.04.2023. The petitioner – wife is living along with her parents at the address mentioned in the cause title. The respondent - husband has filed OS.No.287/2023 which is pending on the file of the VI Additional Principal Judge, Family Court Bengaluru. Seeking for transfer the present petition is filed by the wife.

It is the contention of the learned counsel for the petitioner that the husband is gainfully employed and has an independent source of income. That the wife is staying along with her parents at the address mentioned in the cause title. That the wife is working as a coolie and she is depending on her parents for the livelihood of herself and her children. That the distance between the place of residence of the wife and Bengaluru is more than 90 kms. Hence, it would cause great hardship to the wife to contest the proceedings initiated by the husband at Bengaluru.

Having regard to the fact that the husband is gainfully employed and that the distance between place of residence of the wife and Bengaluru is more than 90 Kms as also due to fact that the wife is depending on her parents for - 4 - NC: 2025:KHC:21499 CP No. 356 of 2023 HC-KAR livelihood of herself and her children, it is clear that the wife will be put to great hardship if she is required to travel to Bengaluru for contesting the proceedings initiated by the husband.

On the other hand, the husband is stated to be employed having an independent source of income. Having regard to the same and having regard to 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 SHA2 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.