SMT. N.L. PALLAVI v. SRI M.R. RAM

SMT. N.L. PALLAVI W/O. M.R. RAM AGED ABOUT 31 YEARS, RESIDING AT ACHARYA COMPLEX, M.G. ROAD, GAURIBIDANUR, CHIKKABALLAPURA DISTRICT-562101. (BY SRI AKKI MANJUNATH GOWDA K., ADVOCATE) …PETITIONER AND: SRI M.R. RAM S/O M.S. RAGHAVENDRA AGED ABOUT 34 YEARS, RESIDING AT NO.114, RAGHASUDHA DWARAKANAGAR, FOURTH CROSS, CHANNASANDRA, RAJARAJESHWARA NAGARA, BANGALORE-560098. (RESPONDENT IS SERVED) …RESPONDENT THE CIVIL PETITION IS UNDER SECTION 24 OF THE CODE OF CIVIL PROCEDURE PRAYING THAT THIS HON’BLE COURT BE PLEASED TO CALL THE RECORDS IN M.C. NO.1770/2024 ON THE FILE OF THE LEARNED I ADDL PRINCIPAL JUDGE FAMILY COURT AT BENGALURU; TO TRANSFER THE PETITION IN M.C. NO.1770/2024 ON THE FILE OF THE LEARNED I ADDL PRINCIPAL JUDGE FAMILY COURT AT BENGALURU TO THE COURT OF HON’BLE SENIOR CIVIL JUDGE,GOURIBIDANUR. THIS PETITION COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:26960 CP No. 361 of 2024 HC-KAR CORAM: HON'BLE MR. JUSTICE C.M. POONACHA ORAL ORDER The present petition is filed by the wife seeking for transfer of MC No.1770/2024 pending before the First Additional Principal Judge, Family Court, Bengaluru to the Court of Senior Civil Judge and JMFC, Gauribidanur, Chikkaballapura.

It is forthcoming that the marriage between the parties was solemnized on 12.02.2017 and a son is born to them from their marriage. The parties lived together for some time. However from October 2023, the parties have been living separately.

Heard the submissions of the learned counsel Sri Akki Manjunath Gowda for the petitioner/wife. Respondent is served, but unrepresented.

It is the contention of the learned counsel for the petitioner that the husband is gainfully employed as a software engineer and has an independent source of income. That the wife is staying along with her parents at the address mentioned in the cause title and is dependent on her parents for the - 3 - NC: 2025:KHC:26960 CP No. 361 of 2024 HC-KAR livelihood of herself and the son of the parties. It is further submitted that the son of the parties is pursing his education at Gauribidanur, Chikkaballapura. Hence, he seeks for allowing of the petition. Learned counsel for the petitioner also seeks suitable orders for adjudication of the application filed by the petitioner under Section 24 of the Hindu Marriage Act1 in M.C. No. 1770/2024 for maintenance in an expeditious manner.

The submissions of the learned counsel for the petitioner have been considered and the material on record have been perused.

The essential factual matrix relating to matrimonial relationship between the parties is undisputed. The pendency of the legal proceedings as noticed above is also a matter of record.

Having regard to the fact that the husband is gainfully employed and having an independent source of income, as also since the wife is stated to be staying along with her parents and is dependent on them for the livelihood of herself and the son of the parties, keeping in mind the fact that 1 Hereinafter referred to as ‘H.M. Act’ - 4 - NC: 2025:KHC:26960 CP No. 361 of 2024 HC-KAR the minor son of the parties is pursuing education as stated above, as also 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 in the present petition be granted.