Smt. Yashaswini K C Vs Sri. H C Pratheek — Child Custody and Guardianship | Karnataka HC (2025)

Smt. Yashaswini K C Vs Sri. H C Pratheek — Child Custody and Guardianship | Karnataka HC (2025)

What the court decided

AI extract

Outcome

G & W.C.No.7/2024 withdrawn from the file of the Principal Judge, Family Court, Chikkamagaluru and transferred to the Court of the Principal District and Sessions Judge, Bengaluru, to be assigned by that court to an appropriate court; parties directed to appear before the Principal District Court, Bengaluru on 28.08.2025 without waiting for further notice.

Issue for consideration

Whether G & W.C.No.7/2024, initiated by the respondent-husband and pending before the Principal Judge, Family Court, Chikkamagaluru, should be withdrawn and transferred to the Principal Family Court at Bengaluru, having regard to the minor child's ordinary residence and welfare.

Court's answer

Under Section 9 of the Guardians and Wards Act, 1890, jurisdiction lies with the court where the minor ordinarily resides; as the minor child ordinarily resides in Bengaluru, the guardianship case is properly transferable to Bengaluru.

Ratio / Principle

Applying the settled proposition that the welfare of the child is of paramount concern in such matters, and since the child's ordinary place of residence is Bengaluru, the transfer sought by the petitioner-wife is justified.

Key takeaways

The respondent-husband's contention of inconvenience, though noted, cannot override the statutory provision or the welfare of the child.ratio¶40

Detailed headnote1 paragraphs

Transfer petition under Section 24, Civil Procedure Code, 1908, by the wife (for herself and her minor son) allowed. G & W.C.No.7/2024, filed by the husband under Section 9 of the Guardians and Wards Act, 1890 before the Principal Judge, Family Court, Chikkamagaluru, seeking declaration of natural guardianship, withdrawn and transferred to the Principal District and Sessions Judge, Bengaluru. Held: (i) under Section 9 of the Act, jurisdiction lies with the court where the minor ordinarily resides, and the undisputed ordinary residence of the 4-year-old child is Bengaluru, where he lives with the mother for educational purposes; (ii) the welfare of the child is of paramount concern, and on that basis the transfer is justified; (iii) the husband's plea of inconvenience, though noted, cannot override the statutory provision or the child's welfare. Parties directed to appear before the Principal District Court, Bengaluru on 28.08.2025 without waiting for further notice.

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NC: 2025:KHC:30709 CP No. 84 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 7^TH DAY OF AUGUST, 2025

BEFORE

THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA

CIVIL PETITION NO. 84 OF 2025

BETWEEN:

SMT. YASHASWINI K. C., W/O. PRATHIK H.C, D/O. K.T. DEVARAJE GOWDA, AGED ABOUT 32 YEARS,

MASTER KRATHAV GOWDA H.P., S/O. PRATHEEK H.C., AGED ABOUT 4 YEARS, HE IS A MINOR REPRESENTED BY NATURAL GUARDIAN BY HIS MOTHER, SMT. YASHASWINI K.C.,

Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA

BOTH ARE R/O KATRAMANE VILLAGE, VASTARE HOBLI, CHIKKAMAGALUR - 577 113.

PRESENTLY RESIDING AT, No.178, 1^ST FLOOR, 7^TH CROSS, OMKAR NAGAR, AREKERE, BENGALURU - 560 076.

…PETITIONERS

(BY SRI. SUNIL KUMAR B.N., ADVOCATE)

2 - NC: 2025:KHC:30709 CP No. 84 of 2025

HC-KAR

AND:

SRI. H.C. PRATHEEK S/O. SRI. H.K. CHIDAMBAR, AGED ABOUT 37 YEARS, COFFEE PLANTER, R/O BRAHMAGIRI ESTATE, HALEHALLI, BANKAL HOBLI, MUGIERE TALUK, CHIKKAMAGALUR - 560 076.

…RESPONDENT

(BY SRI. DARSHANGOUDA PATIL, ADVOCATE FOR SRI. SHIVAPRASAD SHANTANAGOUDAR, ADVOCATE)

THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF

THE CIVIL PROCEDURE CODE 1908 PRAYING TO WITHDRAW THE CASE IN G AND WC No.7/2024, PENDING ON THE FILE OF PRINCIPAL JUDGE, FAMILY COURT, AT CHIKKAMAGALURU AND TRANSFER THE SAME TO PRL FAMILY COURT AT BENGALURU, TO TRY AND DISPOSE OFF THE SAME.

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

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NC: 2025:KHC:30709 CP No. 84 of 2025

HC-KAR

CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA

ORAL ORDER

The present petition is filed by the petitioner-wife

seeking to withdraw and transfer of G & W.C.No.7/2024 initiated by the respondent-husband pending on the file of Principal Judge, Family Court at Chikkamagaluru to the Principal Family Court at Bengaluru.

Heard the learned counsel appearing for the petitioner and learned counsel appearing for the respondent and perused the material on record.

The petitioner is a legally wedded wife of the respondent and their marriage was solemnized as per the Hindu Rites and Customs on 20.11.2014. From the wedding, they are blessed with one son, who is aged about 4 years. Due to the un-cordial relationship, the parties are living separately for quite some time.

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NC: 2025:KHC:30709 CP No. 84 of 2025

HC-KAR

It is undisputed that the minor child is residing

with the petitioner-wife at Bengaluru for educational purpose. The respondent has filed G & W.C.No.7/2024 under Section 9 of the Guardians and Wards Act, 1890 (for short 'the Act') to declare that he is the natural guardian of his son.

As per Section 9 of the Act, jurisdiction lies with the Court where the minor ordinarily resides. Since the child's ordinary place of residence is in Bengaluru, applying the settled proposition that in such matters the welfare of the child are of paramount concern, the transfer sought by the petitioner is justified. The respondenthusband’s contentions regarding his inconvenience, though noted, Court cannot override the statutory provision or the child's welfare.

Accordingly, the transfer petition needs to be

allowed, without delving further into the inconvenience of the parties. Hence, this Court pass the following:

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NC: 2025:KHC:30709 CP No. 84 of 2025

HC-KAR

ORDER

i. The Civil Petition is allowed .

ii. G & W.C.No.7/2024 pending on the file of the Principal Judge, Family Court at Chikkamagaluru is withdrawn and transferred to the Court of Principal District and Sessions Judge, Bengaluru.

iii. The Principal District and Sessions Judge, Bengaluru to assign G & W.C.No.7/2024 to appropriate Court.

iv. The parties shall appear before the Principal District Court, Bengaluru, on 28.08.2025 , without waiting for further notice.

Sd/-

____________________ JUSTICE K.S. HEMALEKHA

DDU

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