Smt C Abhilasha Vs Sri Karthik R

THIS CIVIL PETITION IS FILED UNDER SEC. 24 OF THE CIVIL PROCEDURE CODE. 1908 PRAYING TO WITHDRAW THE CASE IN MC NO.294/2025 PENDING ON THE FILE OF THE I ST ADDITIONAL PRINCIPAL JUDGE FAMILY COURT, MYSURU AND TRANSFER THE SAME TO THE PRINCIPAL JUDGE, FAMILY COURT, BENGALURU BY ALLOWING THIS PETITION IN THE INTEREST OF JUSTICE AND EQUITY AND ETC,.

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THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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NC: 2025:KHC:28626 CP No. 189 of 2025

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HC-KAR

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CORAM: HON'BLE MR. JUSTICE C.M. POONACHA

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ORAL ORDER

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The present petition is filed under Section 24 of the Code of Civil Procedure, 1908¹ by the wife seeking for transfer of MC No.294/2025 pending on the file of the I Additional Principal Judge Family Court, Mysuru, to the Court of the Principal Judge, Family Court, Bengaluru.

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Heard submissions of learned counsel Sri Somashekar Kashimath appearing for the petitioner - wife. Notice issued to the respondent is served and the respondent is unrepresented.

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It is forthcoming that the marriage between the parties was solemnized on 25.08.2022 and a son is born to the parties from their wedlock. The parties were residing together for sometime. However, due to various reasons the parties have been residing separately. The husband has instituted MC No.294/2025 under Section 9 of the Hindu Marriage Act, 1955² , which is pending before the I Additional Principal Judge Family

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1 Hereinafter referred as to ‘CPC’

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2 Hereinafter referred as to ‘Act;

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NC: 2025:KHC:28626 CP No. 189 of 2025

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HC-KAR

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Court, Mysuru. Seeking for transfer of the same, the present petition is filed.

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Learned counsel for the petitioner submits that subsequent to filing of the present transfer petition, the wife has instituted MC No.3390/2025 under Section 13(1)(i) and (ia) the Act seeking for divorce, which is pending before the I Additional Principal Judge, Family Court, Bengaluru. It is further contended that the son of the parties is under the care and custody of the wife. That the husband is gainfully employed having an independent source of income. That the wife is also gainfully employed and staying along with her parents, and she is required to take care of the livelihood of herself and the son of the parties. That great hardship will be caused to the wife if she is required to travel to Mysuru for the purpose of contesting the proceedings initiated by the husband.

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

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In view of the fact that the husband is gainfully employed having an independent source income, since the son

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NC: 2025:KHC:28626 CP No. 189 of 2025

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HC-KAR

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of the parties is under the care and custody of the wife, as also having regard to the fact that the husband, in any event will be required to travel to Bangalore for the purpose of contesting MC No.3390/2025 instituted by the wife, having regard to the settled proposition of law as held by the Hon’ble Supreme Court

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in the case of N.C.V. AISHWARYA VS A.S.SARAVANA KARTHIK SHA³ 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.

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In view of the aforementioned, the following:

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ORDER

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i. The above petition is allowed;

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ii. MC No.294/2025 pending on the file of the I Additional Principal Judge Family Court, Mysuru, shall stand transferred to the Court of the I Additional Principal Judge, Family Court, Bengaluru to be tried along with MC No.3390/2025;

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iii. The petitioner shall appear before the transferee Court on 01.09.2025 without the

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3 AIR ONLINE 2022 SC 1268

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