Monisha S. vs Harsh Pratap & Ors.

C.M. Poonacha, J

The present petition is filed by the wife seeking for transfer of MC No.1634/2024 pending on the file of the I Additional Principal Judge, Family Court, Bengaluru to the Court of Senior Civil Judge, Nanjangud.

Heard the submission of the learned counsel Sri P. Mahesha for the petitioner-wife and learned counsel Sri Raja K.P. for the respondent-husband.

It is forthcoming that the marriage between the parties was solemnized on 07.06.2023 and they lived together for sometime. However, due to various reasons, the parties have been residing separately.

The husband has filed MC. No.1634/2024 under Section 13 (1) (ib) of the Hindu Marriage Act, 1955 (Hereinafter referred to as ‘Act’) for divorce which is pending before the I Additional Principal Judge, Family Court, Bengaluru. The wife has filed Crl. Misc. No.187/2025 under Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (Hereinafter referred to as ‘BNSS’) which is pending before the II Additional Civil Judge and JMFC, Nanjangud. Seeking transfer of M.C. No.1634/2024, present petition is filed.

Learned counsel for the petitioner contends that the husband is gainfully employed at Dubai, having an independent source of income. That the wife is unemployed and is dependent on her parents for her livelihood. That great hardship would be caused to the wife if she is required to travel to Bengaluru for contesting the proceedings initiated by the husband.

Per contra, learned counsel for the respondent, vehemently opposing the relief sought for in the present petition, contends that the wife is a post graduate and capable of traveling to Bengaluru for the purpose of contesting the proceedings initiated by the husband. That great hardship would be caused to the husband to travel from Dubai to Bengaluru and thereafter to Nanjangud for the purpose of prosecuting the proceedings initiated by him. It is further contended that the family of the wife is well placed and she has adequate support from her siblings and no hardship would be caused to her to contest the proceedings initiated by the husband. Hence, he seeks for dismissal of the present petition.

The submission of both the learned counsels have been considered and the material on record has been perused.

Having regard to the fact that the husband is gainfully employed, having an independent source of income, since the wife is unemployed and dependent on her parents for her livelihood, as also, since the husband, in any event is not residing at Bengaluru and that he would be required to travel to Nanjangud for the purpose of contesting the proceedings initiated by the wife in Crl. Misc. No.187/2025, and keeping in mind 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 SHA AIR ONLINE 2022 SC 1268 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.

At this juncture, learned counsel for the respondent seeks leave to appear before the Court of Nanjangud virtually.

In view of the aforementioned, the following order:

ORDER

i. The above petition is allowed;

ii. MC.No.1634/2024 pending on the file of I Additional Principal Judge, Family Court, Bengaluru shall stand transferred to the Court of the Senior Civil Judge, Nanjangud;

iii. The parties shall appear before the Senior Civil Judge, Nanjangud on 20.08.2025 without the requirement of any further notice being issued in this regard;

iv. Consequent to transfer, the transferee Court shall conduct further proceedings in accordance with law;

v. It shall be open to the respondent to make suitable application before the transferee Court to participate in the said proceedings virtually, whenever his presence is required and if such an application is made, the transferee Court shall consider the same in accordance with law;

vi. All contentions of the parties are left open.