In matrimonial cases, the convenience of the wife, especially when caring for dependents, is a paramount consideration for the transfer of proceedings under S. 24 of the Code of Civil Procedure, provided that the respondent's participation can be facilitated through technological means.

THIS CP IS FILED U/S. 24 OF CPC PRAYING TO WITHDRAW THE FILE IN MC NO.6784/25 NOW PENDING ON THE FILE OF III ADDITIONAL FAMILY COURT, BENGALURU AND TO TRANSFER THE SAME TO THE FILE OF LEARNED PRINCIPAL FAMILY COURT, SHIVAMOGGA AND TO PASS SUITABLE ORDER DIRECTING THE COURT TO CONSIDER MATTER AND TO PASS ORDER ADJUDICATING THE MATTER ON MERIT IN ACCORDANCE WITH LAW.

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 both sides.

2. Though this matter has come up for admission, it is taken up for final hearing and disposed of by this order.

3. This transfer petition is filed by wife/petitioner for transfer of M.C.No.6784 of 2025 filed by husband/respondent for divorce before the III Additional Family Court, Bangalore to the Court of Learned Principal Family Court, Shivamogga.

4. It is contended that the petitioner is residing at Shivamogga along with her minor daughter and mother. Her father has passed away. The petitioner is not working and earning. The respondent is working as a Software Engineer in Bengaluru. The distance between Bengaluru and Shivamogga is 305 kilometres. It is also stated that the petitioner has filed Crl.Misc.No.296/2025 before the Principal Family Court, Shivamogga and it is still pending.

5. Learned counsel for the respondent stated that the petitioner is at liberty to attend the proceedings through video conferencing.

6. Admittedly, the petitioner is residing at Shivamogga along with her 10-year-old daughter and aged mother. In such circumstances, it would be inconvenient for her to travel to Bengaluru on every date of hearing along with her minor child. Therefore, this Court finds it just and reasonable to transfer M.C.No.6784 of 2025, filed by the respondent-husband for divorce from the III Additional Family Court, Bengaluru, to the Court of learned Principal Family Court, Shivamogga.

7. However, considering the fact that respondent is working in Bengaluru, he is at liberty to file his chief affidavit and he can be cross-examined either through a Court Commissioner or by way of video conferencing. The Family Court is specifically directed not to insist upon his personal presence unless there is any requirement.

Accordingly, the civil petition is allowed.

In view of disposal of the main petition, I.A.No.1/2026 is closed.