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2026 Supreme(Online)(Kar) 4035

IN THE HIGH COURT OF KARNATAKA AT BENGALURU
P Sree Sudha, J
PRAVEEN MOEJAES GONSALVES – Appellant
Versus
ZEENA FERNANDES – Respondent
CP No. 413 of 2025



Advocates:
For the Appellants/Petitioners: Mohith Kumar K.S.
For the Respondents:

A matrimonial case may be transferred under Section 24 of the CPC to a different jurisdiction considering the convenience of the parties and the welfare of the children, particularly when the children reside with one parent and the other parent is employed in the target city.

Headnote:The petition was filed under S.24 of the Code of Civil Procedure, 1908, seeking the transfer of a matrimonial case (MC No. 3/25) from the Court of II Additional Principal District and Sessions Judge, U.K. Karwar to the Principal Judge, Family Court at Bangalore. The parties were married on 04.05.2013 and separated in December 2024. The husband, who has custody of two children, one of whom has health issues requiring attention, contended that the wife is employed in Bangalore but filed the case in Karwar using a relative's address to cause hardship. The primary issue was whether the transfer of the proceedings from Karwar to Bangalore was justified based on the circumstances of the parties. The court observed that the children reside with the father and the wife is working in Bangalore, making the transfer reasonable for the convenience of the parties and the welfare of the children. Accordingly, civil petition is allowed

Table of Content
1. establishing grounds for transfer based on child welfare and party convenience. (Para 1 , 2 , 3 , 4)
2. judicial determination of the reasonableness of a transfer request. (Para 5)

THIS CP IS FILED U/S.24 OF CPC 1908, PRAYING TO DIRECT TRANSFER OF THE PETITION FILED BY THE RESPONDENT IN MC NO.3/25 BEFORE THE HONBLE COURT OF II ADDITIONAL PRL. DISTRICT AND SESSIONS JUDGE, U.K. KARAWAR TO THE COURT OF PRINCIPAL JUDGE, FAMILY COURT AT BANGALORE.

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

CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA

ORAL ORDER

Appellant's counsel present.

Inspite of service of notice, respondent did not turn up and remained ex-parte.

2. Heard the arguments of appellant's counsel.

3. This petition filed by husband for transfer of M.C.No.3/2025 filed on 03.03.2025 by wife for divorce before Principal District Judge Court, U.K., Karwar to Bangalore Court.

4. It is stated that their marriage was performed on 04.05.2013 and they are blessed with two children but they are separated in December 2024 and living separately. Both the children are staying with the husband/father and it is stated that the first child is having some health issues as detailed in the application and the child requires attention. It is further stated that wife is also working in Bangalore but she gave her relative's address at Karwar and filed case in Karwar only to trouble him. Thus, he filed this petition for transfer of M.C.No.3/2025 from Principal District and Sessions Judge Court at U.K., Karwar to Principal Family Court at Bangalore.

5. For the reasons stated above, this Court finds it reasonable to transfer the case from U.K., Karwar to Family Court in Bangalore.

Accordingly, civil petition is allowed

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