- 1 - HC-KAR NC: 2025:KHC:36313 CP No. 221 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.221 OF 2025 BETWEEN: SMT. PUSHPALATHA W/O S. RAGHAVENDRA D/O SRI UMANATHA POOJARY, AGED ABOUT 42 YEARS, R/AT #4-233, BANGERA NIVASA, PADDODI, KENJAR GRAMA, PEJAVARA POST, MANAGALORE, D.K. DISTRICT-574142. …PETITIONER (BY SRI S. RAJASHEKAR, ADVOCATE) AND: SRI S. RAGHAVENDRA S/O R. SHASHIDHARA, AGED ABOUT 47 YEARS, R/AT #452, VEDA PRIYA, 8TH MAIN ROAD, TA RA SU ROAD, NEAR RAMANJANEYA TEMPLE, HANUMANTHANAGAR, BANGALORE SOUTH, GAVIPURAM EXTENSION, BANGALORE-560019. …RESPONDENT (BY SRI JAMUNA BAI R., ADVOCATE) THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF THE CIVIL PROCEDURE CODE, 1908 PRAYING TO TRANSFER THE CASE IN M.C.NO.2487/2025 ON THE FILE OF VI ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, AT BENGALURU TO THE PRINCIPAL FAMILY COURT AT MANGALURU D.K. DISTRICT BY ALLOWING THIS Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:36313 CP No. 221 of 2025 PETITION AND GRANT SUCH OTHER AND FURTHER RELIEFS AS THIS HONBLE COURT DEEMS FIT AND PROPER UNDER THE CIRCUMSTANCES OF THIS CASE, 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 wife seeking to withdraw and transfer M.C. No.2487/2025 instituted by the respondent-husband for divorce invoking Section 13 (1) (i-a) of the Hindu Marriage Act, 1955 (‘the Act’ for short)) pending on the file of the VI Additional Principal Judge, Family Court at Bengaluru, and transfer the same to the Principal Family Court at Mangaluru, D.K. District. 2. Heard the learned counsel for the petitioner and the learned counsel for the respondent. 3. The marriage between the petitioner and respondent was solemnized on 22.08.2012, as per the customs prevailing in their community. Due to un-cordial - 3 - HC-KAR NC: 2025:KHC:36313 CP No. 221 of 2025 relationship, they are residing separately for quite some time. 4. Learned counsel for the petitioner submits that the petitioner is presently residing at Mangaluru in her sister's place. The travel distance from Mangaluru to Bengaluru is approximately 365 kilometers one way and compelling her to travel such a distance on each hearing date would cause great hardship and inconvenience to the petitioner in effectively prosecuting the proceedings initiated by her husband before the Family Court at Bengaluru. It is also submitted that petitioner has also instituted Crl. Misc. No.37/2025 under the provisions of Section 144 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (‘BNSS’ for short) and the same is pending adjudication before the Principal Family Court, Mangaluru. In these circumstances, it is urged that considering the inconvenience caused to the petitioner M.C. No.2487/2025 be transferred to the Family Court at Mangaluru to be tried along with Crl. Misc. No.37/2025. - 4 - HC-KAR NC: 2025:KHC:36313 CP No. 221 of 2025 5. Per contra, learned counsel for the respondent submits that the respondent is required to take care of his aged parents, who are dependent upon him and he is also facing financial constraints. It is urged that in the event the present petition is allowed and the case is transferred, the respondent would be put to serious inconvenience in prosecuting the matter, as he will have to undertake frequent travel and manage his responsibilities towards his parents simultaneously. 6. The principle governing the transfer of matrimonial proceedings under Section 24 of the CPC is well settled. The Apex Court, in catena of decisions, including Sumita Singh vs Kumar Sanjay And Anr.1 (Sumita Singh) and N.C.V. Aishwarya Vs. A.S.Saravana Karthik Sha2 (Aishwarya) has consistently held that when the wife seeks transfer of a matrimonial case, the primary consideration is her inconvenience, and such 1 AIR 2002 SC 396 2 Civil Appeal No.4894/2022 - 5 - HC-KAR NC: 2025:KHC:36313 CP No. 221 of 2025 inconvenience has to be given primacy over the inconvenience that may be caused to the husband. In the present case, the petitioner is residing at Mangaluru in her sister’s house, the travel distance from Mangaluru to Bengaluru is approximately around 365 kilometers one way, compelling her to undertake such a long travel on each hearing date would cause grave hardship and inconvenience to the petitioner. The petitioner has already instituted Crl. Misc. No.37/2025 before the Principal Family Court, Mangaluru, therefore, transferring M.C. No.2487/2025 to the same Court would enable both matters to be conveniently heard and decided by a single forum, thereby avoiding multiplicity of proceedings. 7. The Apex Court in the case of Aishwarya has held at paragraph 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 - 6 - HC-KAR NC: 2025:KHC:36313 CP No. 221 of 2025 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.” 8. For the foregoing reasons, this Court pass the following: ORDER i. The civil petition is allowed. ii. M.C. No.2487/2025 pending on the file of VI Additional Principal Judge, Family Court at Bengaluru is withdrawn and transferred to the Principal Family Court at Mangaluru, D.K. - 7 - HC-KAR NC: 2025:KHC:36313 CP No. 221 of 2025 District and to be tried along with Crl.Misc.37/2025. iii. Parties shall appear before the Principal Family Court at Mangaluru, D.K. District on 27.10.2025, without awaiting for further notice. Sd/– _____________________ JUSTICE K.S. HEMALEKHA MBM List No.: 1 Sl No.: 17