- 1 - HC-KAR NC: 2025:KHC:34744 CP No. 212 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA CIVIL PETITION NO. 212 OF 2025 BETWEEN: SMT. RASHMI S J, W/O. PRASAD MALVI, D/O. JAYADEVA MURTHY C.S., AGED ABOUT 32 YEARS, OCC: F.D.A. AT ZILLA PANCHAYATH, LOKIKERE ROAD, OPP. DOORADARSHAN KENDRA, DAVANAGERE - 577 002, MOB NO.8748092903 …PETITIONER (BY SRI. SIDDARAMAIAH V B.,ADVOCATE) AND: SRI. PRASAD MALVI, S/O. SRI. NAGARJ MALVI, AGED ABOUT 37 YEARS, OCC: RESERVE POLICE, HC, SP OFFICE, BALLARI. R/A. PRASAD M, Q-BLOCK, H. NO. 12, D.A.R. POLICE LANE, S.N. PET, BALLARI TALUK AND DISTRICT - 583 103, MOB NO. 9449738050. …RESPONDENT Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:34744 CP No. 212 of 2025 (NOTICE TO RESPONDENT SERVED AND UNREPRESENTED) THIS CP IS FILED UNDER SECTION 24 OF CPC, PRAYING TO WITHDRAW THE CASE BEARING MC NO.139/2025, FILED BY THE RESPONDENT UNDER SEC.9 OF THE HINDU MARRIAGE ACT, FILED FOR RESTITUTION OF CONJUGAL RIGHTS, PENDING ON THE FILE OF THE COURT OF PRINCIPAL JUDGE FAMILY COURT AT BALLARI, TO THE FAMILY COURT AT DAVANAGERE. 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 MC.No.139/2025 initiated by the respondent-husband under Section 9 of the Hindu Marriage Act, 1955 seeking Restitution of Conjugal Rights, pending on the file of the Principal Judge, Family Court at Ballari to the Family Court at Davanagere. 2. Heard learned counsel appearing for the petitioner. Though the respondent is served, he has - 3 - HC-KAR NC: 2025:KHC:34744 CP No. 212 of 2025 chosen to remain absent. There is no appearance on his behalf. 3. The marriage between the petitioner and the respondent was solemnized on 26.06.2020 as per Hindu Rites and Customs prevailed in their Community. They are blessed with a child, who is aged about 3.6 years. Due to an un-cordial relationship between them, they are residing separately for quite some time. 4. Learned counsel for the petitioner submits that the petitioner is employed in Zilla Panchayath, Davanagere, as FDA. She also has the responsibility of taking care of her minor child, who is aged about 3.6 years. It is further submitted that respondent has initiated proceedings before the Family Court, Ballari. The travel distance from Davanagere to Ballari is approximately 388 kms (both ways), compelling the petitioner, a working woman and mother of a young child, causes great hardship and inconvenience to the petitioner. - 4 - HC-KAR NC: 2025:KHC:34744 CP No. 212 of 2025 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 parties. Thus, the cardinal principle is the convenience of the wife than the inconvenience caused to the husband. 6. The petitioner has sole responsibility of raising her minor son, who is aged about 3.6 years. Forcing her to travel a distance of 388 kms for each hearing would jeopardise the welfare and daily care of her child, which the Courts have consistently recognized as a matter of paramount importance. Being employed in Zilla Panchayat, Davanagere, frequent travel over such long distance would adversely affect her employment. 1Civil Appeal No.4894/2022 - 5 - HC-KAR NC: 2025:KHC:34744 CP No. 212 of 2025 7. For the foregoing reasons, this Court pass the following: ORDER i. The Civil Petition is allowed. ii. MC No.139/2025 pending on the file of the Principal Judge, Family Court at Ballari is withdrawn and transferred to the Family Court, Davanagere. iii. The parties shall appear before the Family Court, Davanagere on 08.10.2025 without waiting for further notice. iv. Since the respondent has not entered his appearance, in the event he does not appear before the Family Court, Davanagere, the concerned Court to take appropriate steps/course. Sd/- ____________________ JUSTICE K.S. HEMALEKHA PHM List No.: 1 Sl No.: 10