- 1 - HC-KAR NC: 2025:KHC:38221 CP No. 260 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA CIVIL PETITION NO. 260 OF 2025 BETWEEN: SMT SREEVIDHYA G S W/O. KRISHNA BATTA D S AGED ABOUT 37 YEARS R/AT. C/O RANGARAJA G S 7TH WARD, SANTHE BEEDI ROAD GUDIBANDE TOWN AND TALUK CHIKKABALAPURA DISTRICT-561209 …PETITIONER (BY SRI. SOMANATHA H., ADVOCATE) AND: SRI. KRISHNA BATTA D S AGED ABOUT 49 YEARS S/O. LATE RANGARAJ BATTA R/AT. NEAR SHAKUNI RANGANATHA SWAMY TEMPLE SAKARAYAPATTANA POST KADUR TALUK CHIKKAMAGALORE DISTRICT SAKARAYAPATTANA-577 135 …RESPONDENT CP IS FILED UNDER SECTION 24 OF CPC, PRAYING TO TRANSFER OF RESTITUTION OF CONJUGAL RIGHTS PETITION IN M.C.NO.13/2025 FROM SENIOR CIVIL JUDGE AND JMFC AT Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:38221 CP No. 260 of 2025 KADUR CHIKKAMAGALURU TO HONBLE VI ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT AT BENGLAURU. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL ORDER 1. The present petition is filed by the wife seeking to withdraw and transfer M.C.No.13/2025, instituted by the respondent-husband seeking for restitution of conjugal rights, pending on the file of Senior Civil Judge and JMFC at Kadur, Chikkamagaluru to the VI Additional Principal Judge, Family Court at Bengaluru, where M.C.No.6824/2022 instituted by the wife is pending adjudication. 2. Heard learned counsel appearing for the petitioner. 3. Learned counsel for the petitioner submits that the petitioner has already instituted M.C.No.6824/2022 before VI Additional Principal Judge, Family Court at - 3 - HC-KAR NC: 2025:KHC:38221 CP No. 260 of 2025 Bengaluru seeking dissolution of marriage. The respondent-husband has filed objection and a counter claim seeking restitution of conjugal rights in the said case, which is now posted for cross- examination of PW.1. At that stage, the respondent, initiated another proceedings in M.C.No.13/2025 at Kadur, seeking same relief. It is further submitted that the travel distance between Bengaluru and Chikkamagaluru is approximately 250 kms one way, which causes great hardship and inconvenience to the petitioner in attending the proceedings at Kadur, Chikkamagaluru. 4. This Court has carefully considered the contentions of the learned counsel for the petitioner. 5. The respondent,7 though served with notice, he has remained absent. 6. It is not in dispute that M.C.No.6824/2022 instituted by the petitioner-wife is already pending before VI Additional Principal Judge, Family Court at - 4 - HC-KAR NC: 2025:KHC:38221 CP No. 260 of 2025 Bengaluru. The respondent has filed objections and counter claim in the said case, and now filed M.C.No.13/2025 seeking same relief at Kadur, Chikkamagaluru. The travel distance to Kadur is around 250 kms approximately from Bengaluru, which would result in multiplicity of proceedings and unnecessary hardship to the petitioner. 7. The cardinal principle as laid down in the catena of judgments in line is that, in matrimonial cases where the wife seeks to invoke Section 24 of CPC, the convenience of the wife is the paramount consideration rather than the inconvenience that may be caused to the husband. 8. The Apex Court in the case of N.C.V. Aishwarya Vs. A.S.Saravana Karthik Sha1 (Aishwarya) has held at para No.9 which reads as under: “9. The cardinal principle for exercise of power under Section 24 of the Code of Civil 1 Civil Appeal No.4894/2022 - 5 - HC-KAR NC: 2025:KHC:38221 CP No. 260 of 2025 Procedure is that the ends of justice should demand the transfer of the suit, appeal or other proceeding. In matrimonial matters, wherever Courts are called upon to consider the plea of transfer, the Courts have to take into consideration the economic soundness of both the parties, the social strata of the spouses and their behavioural pattern, their standard of life prior to the marriage and subsequent thereto and the circumstances of both the parties in eking out their livelihood and under whose protective umbrella they are seeking their sustenance to life. Given the prevailing socio-economic paradigm in the Indian society, generally, it is the wife’s convenience which must be looked at while considering transfer.” 9. For the foregoing reasons, CP warrants acceptance and this Court pass the following: ORDER (i) The Civil Petition is allowed. (ii) M.C.No.13/2025 pending on the file of learned Senior Civil Judge and JMFC at Kadur, - 6 - HC-KAR NC: 2025:KHC:38221 CP No. 260 of 2025 Chikkamagaluru, is withdrawn and transferred to VI Additional Principal Judge, Family Court at Bengaluru to tag along with M.C.No.6824/2022. (iii) M.C.No.6824/2022 is listed on 13.10.2025. (iv) Parties to appear before the VI Additional Principal Judge, Family Court at Bengaluru, on 13.10.2025 without waiting for further notice. (v) The Registry of the Senior Civil Judge and J.M.F.C., Kadur, Chikkamagaluru, is directed to remit the papers forthwith. Sd/- _______________________ JUSTICE K.S. HEMALEKHA SSB