- 1 - HC-KAR NC: 2025:KHC:36190 CP No. 153 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA CIVIL PETITION NO. 153 OF 2025 BETWEEN: ANJALI @ ANJALI MESTHA AGED ABOUT 31 YEARS, W/O NAVEEN KUMAR K R AND D/O GANGADHAR MESTHA, RESIDING AT NO. 1-105, KESNI, ALANDOORU, SHIRUR, YEDTHARE, BYNDOOR TALUK, UDUPI DISTRICT - 576 214. …PETITIONER (BY SRI. GANESH MESTHA S.,ADVOCATE) AND: NAVEEN KUMAR K R AGED ABOUT 38 YEARS, S/O RAMAKRISHNAPPA, RESIDING AT #9, NANDANAM OUTHOUSE, GROUND FLOOR, 1ST CROSS, SRIRAMPURAM, BENGALURU NORTH 560 021 …RESPONDENT (RESPONDENT SERVED UNREPRESENTED) THIS CIVIL PETITION IS FILED UNDER SEC. 24 OF THE CIVIL PROCEDURE CODE. 1908 PRAYING TO WITHDRAW THE MC NO.7157/2024 FILED BY THE RESPONDENT UNDER SEC.9 OF THE HINDU MARRIAGE ACT, 1955 PENDING BEFORE THE PRINCIPAL Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:36190 CP No. 153 of 2025 JUDGE, FAMILY COURT AT BENGALURU VIDE ANNEXURE - A AND TRANSFER THE SAID PETITION i.e., MC NO.7157/2024 TO THE COURT OF SENIOR CIVIL JUDGE AT KUNDAPURA, UDUPI DISTRICT FOR TRIAL AND DISPOSAL IN ACCORDANCE WITH LAW IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL ORDER The present petition is filed by the petitioner-wife seeking to withdraw and transfer M.C.No.7157/2024 filed by the respondent-husband by invoking section 9 of the Hindu Marriage Act 1955 (`Act' for short), pending on the file of the Principal Judge Family Court at Bangalore, to the Senior Civil Judge at Kundapura, Udupi District. 2. Heard the learned counsel appearing for the petitioner. Though notice is served on the respondent, he has chosen to remain absent. There is no representation. 3. Learned counsel appearing for the petitioner submits that the petitioner - wife is residing in Byndoor - 3 - HC-KAR NC: 2025:KHC:36190 CP No. 153 of 2025 along with her minor child, who is aged about two years, the travel distance between Byndoor to Bangalore is approximately 500 kms., one way. Compelling the petitioner to undertake such a long travel on every hearing date would cause grave hardship and inconvenience, particularly when she has to take care of a young child. It is urged that petitioner is not familiar with Bangalore, and therefore, attending the proceedings initiated by the respondent - husband before the Family Court at Bangalore, would he extremely difficult for her. 4. It is well settled principle, reiterated in catena of judgments in line that in matrimonial cases where the wife seeks transfer of proceedings by invoking Section 24 of CPC, the convenience of the wife is to be given paramount consideration rather than the inconvenience that may be caused to the husband. - 4 - HC-KAR NC: 2025:KHC:36190 CP No. 153 of 2025 5. 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 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.” 6. Upon considering the contention of the petitioner and from the material placed on record, it could be gathered that the petitioner is residing at Byndoor with her minor child aged about two years. The distance from 1 Civil Appeal No.4894/2022 - 5 - HC-KAR NC: 2025:KHC:36190 CP No. 153 of 2025 her place to Bangalore is nearly 500 kms. one way, and repeated travel to attend the proceedings at Bangalore would cause grave hardship and serious inconvenience to her. It is to be noted that proceedings are instituted at Bangalore, which is a Metropolitan City. The petitioner specifically states that she has not adopted herself to the metropolitan atmosphere and is unfamiliar with the place. This adds to her hardship in effectively prosecuting the case at Bangalore. 7. Having regard to the settled principle and facts of the case, this Court is of the considered view that sufficient grounds have been made out for transfer of the proceedings. 8. Accordingly, I pass the following: ORDER i) The Civil Petition is allowed. - 6 - HC-KAR NC: 2025:KHC:36190 CP No. 153 of 2025 ii) M.C. No.7157/2024 pending on the file of Principal Judge, Family Court at Bangalore is withdrawn and transferred to the Court of Senior Civil Judge, Kundapura, Udupi District. iii) Parties to appear before the Principal Judge, Senior Division, at Kundapura, Udupi District on 15.10.2025 without waiting for further notice. iv) Since the respondent has not rendered his appearance, in the event he does not appear before the concerned Court, the concerned Court on the said date to take appropriate steps/course. Sd/- ________________________ JUSTICE K.S. HEMALEKHA HR List No.: 1 Sl No.: 13