- 1 - HC-KAR NC: 2025:KHC:38548 CP No. 356 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA CIVIL PETITION NO.356 OF 2024 BETWEEN: SMT. CHAITHRA .A W/O NARASEGOWDA AGED ABOUT 30 YEARS, R/AT NO.3A, 1ST CROSS, 1ST MAIN, OPP: BSNL TOWER, MALLATHAHALLI, GNANABHARATHI, BANGALORE-560056. …PETITIONER (BY SRI RAJANNA, ADVOCATE) AND: SRI NARASEGOWDA C/O CHANRAPPA, AGED ABOUT 32 YEARS, R/AT VAJARPALYA VILLAGE, OPP. K.E.B. OFFICE, KASABA HOBLI, KUNIGAL TALUK, TUMKURU DISTRICT-572130. …RESPONDENT (V/O DATED 01.08.2025, NOTICE TO RESPONDENT H/S (RESPONDENT-NARASEGOWDA) THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CODE OF CIVIL PROCEDURE PRAYING THAT THIS HON’BLE COURT BE PLEASED TO TRANSFER THE MATRIMONIAL PETITION IN M.C.NO.78/2021 PENDING BEFORE PRINCIPAL SENIOR CIVIL JUDGE AND J.M.F.C AT NELAMANGALA TO III ADDL FAMILY COURT JUDGE, AT BENGALURU CITY (NYAYA DEGULA) AND ETC. THIS PETITION COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:38548 CP No. 356 of 2024 CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL ORDER The present petition is filed by the wife seeking to withdraw and transfer M.C.No.78/2021, instituted by the respondent-husband seeking restitution of conjugal rights by invoking provisions under Section 9 of the Hindu Marriage Act, 1955 (‘Act’ for short), pending on the file of the Court of the Principal Senior Civil Judge and JMFC, Nelamangala to the III Additional Principal Judge, Family Court, Bengaluru where M.C.No.1994/2024 instituted by the petitioner-wife is pending adjudication. 2. Heard the learned counsel for the petitioner. Though the respondent was served with notice, he has chosen to remain absent. There is no representation. 3. The marriage between the petitioner and respondent was solemnized on 16.05.2019, as per the customs prevailing in their community. Due to strained - 3 - HC-KAR NC: 2025:KHC:38548 CP No. 356 of 2024 relation, the parties are residing separately for quite some time. 4. Learned counsel for the petitioner submits that the petitioner is presently residing in Bengaluru and has already instituted M.C.No.1994/2024 before the III Additional Principal Judge, Family Court, Bengaluru seeking dissolution of marriage. The travel distance between Bengaluru and Nelamangala is approximately 30 kilometers one way. The petitioner has also expressed genuine apprehension with regard to her safety and security if she is compelled to attend the proceedings at Nelamangala. In these circumstances, it is urged that the petition instituted by the husband at Nelamangala be transferred to Bengaluru, not only to ensure the safety and convenience of the petitioner but also to avoid the possibility of conflicting decisions arising from parallel proceedings instituted in two different jurisdictions. - 4 - HC-KAR NC: 2025:KHC:38548 CP No. 356 of 2024 5. It is a cardinal principle underlying matrimonial matters that, when the wife seeks transfer of proceedings by invoking the provisions of Section 24 of CPC, the paramount consideration is the convenience of the wife, rather than the inconvenience that may be caused to the husband. In the instant case compelling the petitioner to travel to Nelamangala despite her apprehension regarding security would cause undue hardship. Moreover, since the petitioner has already instituted M.C.No.1994/2024 before the III Additional Principal Judge, Family Court, Bengaluru for dissolution of marriage, transfer of the husband’s petition to the same Court would be appropriate to avoid conflicting or inconsistent decisions by two different Courts. 6. The Apex Court in the case of N.C.V. Aishwarya Vs. A.S.Saravana Karthik Sha1(Aishwarya) has held that the ends of justice should demand the transfer and, given the prevailing 1Civil Appeal No.4894/2022 - 5 - HC-KAR NC: 2025:KHC:38548 CP No. 356 of 2024 socioeconomic paradigm, generally the wife's convenience must be looked at while considering a transfer under Section 24 of CPC, in matrimonial matters Courts must weigh the economic and social circumstances of the parties. 7. For the foregoing reasons, Civil Petition warrants acceptance and this Court pass the following: ORDER i. The Civil Petition is allowed. ii. M.C.No.78/2021 pending on the file of the Court of the Principal Senior Civil Judge and JMFC, Nelamangala is withdrawn and transferred to the III Additional Principal Judge, Family Court, Bengaluru and to be tried along with M.C.No.1994/2024. iii. The M.C.No.1994/2024 is listed on 10.10.2025. In such circumstance, the parties shall appear before the III Additional Principal Judge, Family Court, Bengaluru on 10.10.2025 without waiting for further notice. - 6 - HC-KAR NC: 2025:KHC:38548 CP No. 356 of 2024 iv. The Registry of the Court of the Principal Senior Civil Judge and JMFC, Nelamangala is directed to remit the papers to the III Additional Principal Judge, Family Court, Bengaluru forthwith. Sd/- _____________________ JUSTICE K.S. HEMALEKHA AT List No.: 2 Sl No.: 2