- 1 - HC-KAR NC: 2025:KHC:30756 CP No. 90 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA CIVIL PETITION NO. 90 OF 2025 BETWEEN: SMT. SAHANA W/O SHASHIDHARA, D/O SANJEEVE GOWDA AGED ABOUT 34 YEARS RESIDING AT NO. 1186, 9TH CROSS, BEHIND DEEVAR HOTEL, CHANDRA LAYOUT, NAGARABHAVI, BENGALURU – 560 040. …PETITIONER (BY SRI. M SHARASS CHANDRA, ADVOCATE) AND: SHASHIDHARA D S S/O SHAMBULINGEGOWDA AGED ABOUT 33 YEARS, DEVAGERE VILLAGE, KASABA HOBLI, CHANNARAYAPATNA TALUK, HASSAN DISTRICT – 573 201. …RESPONDENT (BY SRI. RAGHAVENDRA H. S., ADVOCATE AND SRI. S.S. PARAMESHWARA, ADVOCATE (ABSENT)) THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF THE CIVIL PROCEDURE CODE, 1908, PRAYING TO PASS AN ORDER OF TRANSFERRING MC NO.141/2024 BEFORE SENIOR CIVIL JUDGE AND JMFC, CHANNARAYAPATNA, HASSAN, TO PRINCIPAL JUDGE, FAMILY COURT, BENGALURU, Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:30756 CP No. 90 of 2025 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 MC No.141/2024 initiated by the respondent/husband before the Senior Civil Judge and JMFC, Channarayapatna, Hassan, seeking restitution of conjugal rights, and transfer the same to the Principal Judge, Family Court, Bengaluru. 2. Heard learned counsel appearing for the petitioner. Respondent is represented by a counsel, however there is no representation. 3. The marriage between the petitioner and the respondent was solemnized on 23.04.2023 as per Hindu customs and rituals. Due to an un-cordial relationship between them, they are residing separately for quite some time. - 3 - HC-KAR NC: 2025:KHC:30756 CP No. 90 of 2025 4. The learned counsel for the petitioner submits that respondent has filed petition seeking restitution of conjugal rights under Section 9 of the Hindu Marriage Act, 1955, in M.C. No.141/2024 before the Senior Civil Judge and JMFC, Channarayapatna, Hassan. The petitioner is residing at Bengaluru along with her parents. The travel distance from Bengaluru to Channarayapatna is more than 150 kms causing undue hardship and inconvenience to the petitioner in attending the proceedings initiated by her husband. 5. 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 1Civil Appeal No.4894/2022 - 4 - HC-KAR NC: 2025:KHC:30756 CP No. 90 of 2025 parties. Thus, the cardinal principle is the convenience of the wife than the inconvenience caused to the husband. 6. In the instant case the travel distance from Bengaluru to Channarayapatna is more than 150 kms. The petitioner would be put to undue hardship and inconvenience by travelling 150 Kms. to Channarayapatna, Hassan from Bengaluru where she is residing. Therefore transfer is warranted to secure her convenience and to avoid multiplicity of proceeding. 7. For the foregoing reasons, this Court pass the following: ORDER i. The Civil Petition is allowed. ii. M.C. No. 141/2024 initiated by the respondent/husband before the Senior Civil Judge and JMFC, Channarayapatna, Hassan, is withdrawn and transferred to the Principal Judge, Family Court at Bengaluru. - 5 - HC-KAR NC: 2025:KHC:30756 CP No. 90 of 2025 iii. The parties shall appear before the Principal Judge, Family Court, Bengaluru on 22.08.2025 without waiting for further notice. iv. The respondent has not appeared in this petition. In the event he does not appear before the Principal Judge, Family Court, Bengaluru, on the said date, appropriate steps/course be taken. v. 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