- 1 - HC-KAR NC: 2025:KHC:38875 CP No. 237 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA CIVIL PETITION NO.237 OF 2025 BETWEEN: SMT. SUMAN .K W/O. SHRI VJAY JALAKI, AGED ABOUT 37 YEARS, OCC: SENIOR ANALYST, EOX VANTAGE PVT. LTD., R/O PRESENTLY AT SRI MAHADEVI LADIES HOSTEL (PG) (HOMZ (PG) #12, 21ST MAIN, 21ST CROSS, MARUTI MANDIR, VIJAYANAGAR, BENGALURU-560040. PERMANENT ADDRESS D/O. SHIVANAND KALYANASHETTY, CHALUKYA NAGAR, BEHIND CIVIL COURT COMPLEX, BADAMI, DIST: BAGALKOT. …PETITIONER (BY SMT. SUMA J. GAONKAR, ADVOCATE FOR SRI KALYANSHETTY ASHOK REVANASIDDAPPA, ADVOCATE) AND: SHRI VIJAY S/O CHANDRASHEKAR JALAKI AGED ABOUT 47 YEARS, OCC: AREA MANAGER, TVS CREDIT SERVICES LTD., PRESENTLY R/AT FLAT NO.243, 1ST FLOOR, A BLOCK, MAHVEER MARVEL APARTMENT, KODICHIKKNAHALLI MAIN ROAD, BOMMANAHALLI, BENGALURU-560 068 Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:38875 CP No. 237 of 2025 (PERMANENT ADDRESS H.NO.E/3, LINGARAJ NAGAR (SOUTH) NEAR KALIMANGALAMMA TEMPLE, VIDYANAGAR, HUBBALLI, DIST: DHARWAD). …RESPONDENT (BY SRI VINAY KUMAR M. SHETTY, ADVOCATE) THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF THE CIVIL PROCEDURE CODE, 1908 PRAYING TO TRANSFER M.C.NO.207/2025, NOW PENDING ON THE FILE OF THE PRINCIPAL JUDGE, FAMILY COURT, HUBBALLI TO THE FAMILY COURT AT BENGALURU CITY, BENGALURU, 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 wife seeking to withdraw M.C.207/2025, instituted by the respondent- husband for dissolution of marriage, pending on the file of Principal Judge, Family Court, Hubballi and transfer the same to the Family Court at Bengaluru. 2. Heard learned counsel for the petitioner and learned counsel for the respondent. - 3 - HC-KAR NC: 2025:KHC:38875 CP No. 237 of 2025 3. Learned counsel for the petitioner submits that both the petitioner and the respondent reside and are employed in Bengaluru. The respondent is employed in TVS Credit Services Limited and the petitioner is presently residing in the Ladies Hostel, Vijayanagar, Bengaluru. Despite, knowing this, the respondent has instituted M.C.207/2025 at the Family Court, Hubballi, only to harass the petitioner. The travel distance from Bengaluru to Hubballi is approximately 400 kilometers, requiring an overnight journey of nearly eight hours which would cause severe inconvenience to the petitioner. 4. Per contra, learned counsel for the respondent submits that the petitioner has not been given the option of work from home, and is residing with her parents at Badami. It is contended that the petitioner has not shown any bona fide ground for transfer. Further, the respondent submits that the petitioner’s aged mother, who is suffering from health issues, requires his presence, and hence - 4 - HC-KAR NC: 2025:KHC:38875 CP No. 237 of 2025 transferring the proceedings to Bengaluru, would cause inconvenience to him. 5. It is the cardinal principle underlying matrimonial cases, that when wife seeks for transfer of proceedings by invoking Section 24 of CPC, the convenience of the wife is the paramount consideration than the inconvenience that may be caused to the husband. In the present case the petitioner has established that she is residing and employed at Bengaluru and she would not have sought transfer if she was permanently residing elsewhere. Considering that the distance between Bengaluru and Hubballi is about 400 kilometers and that frequent travel would cause undue hardship, this Court is of the opinion that the transfer warrants acceptance and this Court pass the following : ORDER (i) The Civil Petition is allowed. - 5 - HC-KAR NC: 2025:KHC:38875 CP No. 237 of 2025 (ii) M.C. No. 207/2025 is withdrawn from the Court of Principal Judge, Family Court, Hubballi, and transferred to the Court of Principal Judge, Family Court, Bengaluru. (iii) The parties shall appear before the Principal Judge, Family Court, Bengaluru on 03.11.2025 without waiting for further notice. (iv) The Principal Judge, Family Court, Bengaluru, to assign the transferred case to appropriate Court. Sd/- ____________________ JUSTICE K.S. HEMALEKHA CKL List No.: 1 Sl No.: 3