- 1 - HC-KAR NC: 2025:KHC:38550 CP No. 258 of 2025 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.258 OF 2025 BETWEEN: SMT. GADIGEMMA A.H. ALIAS SUJATHA W/O. HARISH S.L. AGED ABOUT 37 YEARS, F.D.A. COMPUTER ASSISTANT, MORARJI DESAI RESIDENTIAL SCHOOL KAREBILACHI, CHANNAGIRI TQ., DAVANAGERE DISTRICT CURRENTLY R/AT C/O, NO.68, VTC, DAVANAGERE STREET, S.M. KRISHNA NAGAR KONDAJJI ROAD, SOUTHERN EXTENSION DAVANAGERE TQ. AND DIST. PIN-577006. …PETITIONER (BY SRI VASANTHA KUMAR K.M., ADVOCATE) AND: SRI HARISH S.L. S/O. LAKSHMINARASIMAIAH, AGED ABOUT 44 YEARS, R/AT NO.4/198K, K.H.B. COLONY, GUBBI-572216. …RESPONDENT (NOTICE TO RESPONDENT IS SERVED AND UNREPRESENTED) THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF THE CIVIL PROCEDURE CODE, 1908 PRAYING TO TRANSFER M.C.NO.117/2024 FILED BY THE RESPONDENT BEFORE THE SENIOR CIVIL JUDGE AND JMFC, GUBBI, AGAINST THE PETITIONER HEREIN SEEKING FOR RESTITUTION OF CONJUGAL RIGHTS, UNDER Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:38550 CP No. 258 of 2025 SECTION 9 OF THE HINDU MARRIAGE ACT, AT GUBBI AND DIRECT THE, FAMILY COURT DAVANAGERE TO ADJUDICATE/TRY THE SAID M.C. PETITION ON THE MERITS OF THE CASE AND DECIDE THE MATTER ON MERITS AT DAVANAGERE, 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.117/2024, 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 Senior Civil Judge and JMFC, Gubbi to the Family Court, Davanagere. 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 02.09.2018, as per the - 3 - HC-KAR NC: 2025:KHC:38550 CP No. 258 of 2025 customs prevailing in their community. Due to strained relation, the parties are residing separately for quite some time. 4. Learned counsel for the petitioner submits that the petitioner is presently residing and working in Davanagere and has recently delivered a child on 25.03.2025. The travel distance between Davanagere and Gubbi is approximately 200 kilometers one way. It is contended that compelling the petitioner to undertake such long travel, particularly, when she has care and custody of a four-month-old infant, would cause her undue hardship and great inconvenience in attending the proceedings instituted at Gubbi. 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 - 4 - HC-KAR NC: 2025:KHC:38550 CP No. 258 of 2025 husband. In the instant case, who has recently delivered a baby and has to attend to the needs of the infant, cannot reasonably be expected to travel nearly 200 kilometers each way to Gubbi for every hearing. Such a requirement would not only cause undue hardship but also interfere with the petitioner’s ability to care for her infant. Therefore, the request for transfer is justified both on grounds of convenience and to meet the ends of justice. 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 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. 1Civil Appeal No.4894/2022 - 5 - HC-KAR NC: 2025:KHC:38550 CP No. 258 of 2025 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.117/2024 pending on the file of the Court of the Senior Civil Judge and JMFC, Gubbi is withdrawn and transferred to the Family Court, Davanagere. iii. The parties shall appear before the Family Court, Davanagere on 31.10.2025 without waiting for further notice. iv. Since the respondent has not tendered his appearance before this Court, in the event he does not appear before the Family Court, Davanagere on the said date, the concerned Court to take appropriate steps/course in accordance with law. Sd/- _____________________ JUSTICE K.S. HEMALEKHA AT List No.: 2 Sl No.: 13