THIS CIVIL PETITION IS FILED UNDER SEC. 24 OF THE CIVIL PROCEDURE CODE. 1908., PRAYING TO TRANSFER THE MC NO.314/2025 ON THE FILE OF PRINCIPAL JUDGE, FAMILY COURT, HASSAN TO IV ADDITIONAL PRINCIPAL FAMILY COURT, BENGALURU.

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

CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA

ORAL ORDER

Heard the arguments of the learned counsel for the petitioner and the learned counsel for the respondent.

2. This Civil Petition is filed by the petitioner/husband for transfer of M.C.No.314/2025, filed by the respondent/wife for restitution of conjugal rights from the Court of the Principal Judge, Family Court, Hassan to the Court of the IV Additional Principal Judge, Family Court, Bengaluru, as the petitioner has already filed M.C.No.3225/2025 for annulment of marriage before the IV Additional Principal Judge, Family Court, Bengaluru.

3. It is contented by the learned counsel for the petitioner that the wife had initially filed CP.No.302/2025 for transfer of M.C.No.3225/2025 to the Family Court, Hassan. But after hearing both sides, the said petition was dismissed with an observation that financial incapacity and geographical distance are no longer good parameters for transfer of a case from one Court to another Court in view of video conferencing facility, and that she was at liberty to attend the proceedings through video conferencing.

4. Learned counsel for the petitioner further stated that, after dismissal of the said Civil Petition on 17.11.2025, the respondent filed M.C.No.314/2025 for restitution of conjugal rights before the Principal Judge, Family Court, Hassan on 06.12.2025. As such, the present petition is filed for transfer of the said case. It is submitted that the distance between Hassan and Bengaluru is about 190 kilometres. It is also stated that the petitioner and the respondent lived together only for two months after their marriage. It is brought to the notice of the Court by the learned counsel for the respondent that C.Misc.No.142/2025 has been filed by wife for maintenance before the Family Court, Hassan and that she has also filed another case in Crime No.63/2025 under Sections 85, 115(2), 352, 54, 3(5) of Bharatiya Nyaya Sanhita (BNS), 2023 and Sections 3, 4 of Dowry Prohibition Act, 1961. Since three matters are pending before the Courts at Hassan, the learned counsel for the respondent requested to dismiss the petition.

5. The learned counsel also relied upon the judgment of the Hon'ble Supreme Court in the case of N.C.V. AISHWARYA VS. A.S. SARAVANA KARTHIK SHA, (AIR ONLINE 2022 SC 1268) in which it was held that the convenience of the wife is to be considered in matters relating to transfer of matrimonial proceedings. The facts of each case are to be looked into while deciding the matter.

6. In the present case, the wife initially filed transfer of the husband's petition to Hassan, but the same was dismissed on the ground that she can participate in the proceedings through video conferencing. Later, she filed M.C.No.314/2025 for restitution of conjugal rights before the Family Court, Hassan. As the husband has already filed a petition for annulment of marriage, he requested for transfer of the said case to Bengaluru to avoid conflicting judgments. It is just and necessary to club both matters ie., the petition filed by the husband for annulment of marriage and the petition filed by the wife for restitution of conjugal rights shall be tried together to avoid conflicting judgments.

7. A perusal of the record and documents placed before the Court show that the wife is a qualified engineer and worked in reputed organizations at Bengaluru. It is stated that she has recently left her job and is residing in Hassan, which is at a distance of 190 kilometres. The petitioner and the respondent are not blessed with any children. As the wife is educated and also worked in Bengaluru, and considering the fact that the petition for restitution of conjugal rights