- 1 - HC-KAR NC: 2025:KHC:36198 CP No. 520 of 2023 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. 520 OF 2023 BETWEEN: SMT ASHWINI, W/O NITHIN, D/O SHANKARAPPA, AGED ABOUT 30 YEARS, R/AT JAVALLIPETE, GUBBI TOWN, TQ.GUBBI TUMAKURU DISTRICT - 572 216. …PETITIONER (BY SRI. PATGAR NARENDRA HANUMANT, ADVOCATE) AND: SRI NITHIN AGED ABOUT 35 YEARS, S/O UMESH, OCCUPATION. PRIVATE EMPLOYEE, R/AT 5TH CROSS, JAYANAGAR 7TH MAIN, BENGALURU - 560070. …RESPONDENT (NOTICE TO RESPONDENT IS SERVED AND UNREPRESENTED) THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CPC PRAYING TO ORDER FOR TRANSFER OF M.C.NO.5648/2023 PENDING ON THE FILE THE I ADDL. PRINCIPAL JUDGE, FAMILY COURT, AT BENGALURU TO THE COURT OF ADDL. CIVIL JUDGE AND JMFC AT GUBBI, TUMAKURU DISTRICT FOR DISPOSAL IN ACCORDANCE WITH LAW. Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:36198 CP No. 520 of 2023 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.5648/2023 initiated by the respondent-husband seeking dissolution of the marriage by invoking Section 13(1) (i-a) and (i-b) of the Hindu Marriage Act, 1955, (for short "Act") pending on the file of the I Additional Principal Judge, Family Court at Bengaluru and transfer the same to the Principal Judge Senior Division at Gubbi, Tumakuru District, where Crl.Misc.No.595/2021, initiated by the petitioner-wife under Section 18, 19 and 20 of the Domestic Violence Act, 2005 is pending adjudication. 2. Heard learned counsel appearing for the petitioner. Though the respondent is served, he has chosen to remain absent and there is no representation. - 3 - HC-KAR NC: 2025:KHC:36198 CP No. 520 of 2023 3. The marriage between the petitioner and the respondent was solemnized on 10.11.2017 as per the customs prevailing in their community. The couple is blessed with a child now aged about 4 years and is in the care and custody of the petitioner-wife. 4. The learned counsel for the petitioner-wife submits that the petitioner had already initiated Crl.Misc.No.595/2021 under Sections 18, 19 and 20 of the Domestic Violence Act, 2005 in the year 2021, to which respondent-husband has filed objections. It is only thereafter that the respondent instituted M.C.No.5648/2023 invoking Section 13(1) (i-a) (i-b) of the Act, seeking dissolution of marriage. 5. The learned counsel for the petitioner further submits that the travel distance between Gubbi to Bangalore is approximately 125 kilometers one way, which causes great hardship and inconvenience to the petitioner in attending the proceedings at Bengaluru. - 4 - HC-KAR NC: 2025:KHC:36198 CP No. 520 of 2023 6. The cardinal principle reiterated in catena of judgments in line is that in matrimonial cases where the wife seeks transfer by invoking Section 24 of CPC, the convenience of the wife is paramount concern, rather than the inconvenience that may be caused to the husband. 7. In similar circumstances, 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 1 Civil Appeal No.4894/2022 - 5 - HC-KAR NC: 2025:KHC:36198 CP No. 520 of 2023 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. The petitioner-wife is residing at Gubbi along with her minor child, aged about four years. The travel distance between Gubbi to Bengaluru is approximately around 125 kilometers one way, which entails considerable inconvenience and hardship to the petitioner-wife in attending the proceedings at Bengaluru. Under these circumstances, the transfer is warranted and this Court passes the following: ORDER a) The civil petition is allowed. b) M.C. No.5648/2023 pending on the file of the I Additional Principal Judge, Family Court at Bangalore is withdrawn and transferred to the Principal Judge Senior Division at Gubbi, Tumakuru District. - 6 - HC-KAR NC: 2025:KHC:36198 CP No. 520 of 2023 c) The Principal Judge, Senior Division, at Gubbi to allocate the M.C. No.5648/2023 to appropriate court. d) The petitioner to appear before the Principal Judge Senior Division, Gubbi on 13.10.2025 without awaiting further notice. e) 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.: 1