- 1 - HC-KAR NC: 2025:KHC:34743 CP No. 204 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. 204 OF 2025 BETWEEN: D K KAVYA, W/O B S RAJENDRA PRASAD, D/O LATE R D KUMAR, AGED ABOUT 30 YEARS, RESIDING AT BETTURUPALYA, DHARMAPURA HOBLI, HIRIYUR TALUK, CHITRADURGA DISTRICT-577 599. …PETITIONER (BY SRI. N R RANGEGOWDA.,ADVOCATE) AND: B S RAJENDRA PRASAD, S/O K P SHANKAREGOWDA, AGED ABOUT 31 YEARS, RESIDING KALENAHALLI, MAJARE, BYATAPPANA PALYA, KASABA HOBLI, GUBBI TALUK, TUMKUR DISTRICT-572 216. …RESPONDENT (NOTICE TO RESPONDENT (B S RAJENDRA PRASAD) SERVED AND UNREPRESENTED) THIS CP IS FILED UNDER SECTION 24 OF CPC, PRAYING TO WITHDRAW THE M.C.NO.34/2024 PENDING ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:34743 CP No. 204 of 2025 AND JMFC AT GUBBI, TUMAKURU, AND TRANSFER THE SAME TO PRINCIPAL CIVIL JUDGE AND JMFC AT HIRIYUR, BY ALLOWING THIS PETITION. 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.34/2024 pending on the file of the Additional Senior Civil Judge and JMFC, Gubbi Taluk, Tumakuru District to the Additional Civil Judge and JMFC, Hiriyur Taluk, Chitradurga District. 2. Heard learned counsel appearing for the petitioner. Though the respondent is served, he has remained unrepresented. 3. The marriage between the petitioner and the respondent was solemnized on 17.03.2023 as per customs prevailing in their community. Due to un-cordial - 3 - HC-KAR NC: 2025:KHC:34743 CP No. 204 of 2025 relationship between them, they are residing separately for quite some time. 4. Learned counsel for the petitioner submits that the respondent has filed MC.No.34/2024 seeking restitution of conjugal rights before the Additional Senior Civil Judge and JMFC, Gubbi. The petitioner is residing at Hiriyur Taluk, Chitradurga District. The travel distance between Hiriyur and Gubbi is more than 100 Kms, which causes great hardship and inconvenience to the petitioner in attending proceedings initiated by the respondent at Gubbi. 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 1Civil Appeal No.4894/2022 - 4 - HC-KAR NC: 2025:KHC:34743 CP No. 204 of 2025 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. In the instant case, the petitioner being a woman living at Hiriyur would face undue hardship and inconvenience by travelling over 100 kms to attend each hearing. Therefore, in order to secure her convenience and avoid multiplicity of proceedings, it is just and necessary that the proceedings pending before the Court at Gubbi be transferred to the Family Court, Chitradurga. 7. For the foregoing reasons, this Court pass the following: ORDER i. The Civil Petition is allowed. ii. MC No.34/2024 pending on the file of the Additional Senior Civil Judge and JMFC at Gubbi Taluk, Tumakuru - 5 - HC-KAR NC: 2025:KHC:34743 CP No. 204 of 2025 District is withdrawn and transferred to the Additional Civil Judge and JMFC at Hiriyur Taluk, Chitradurga District. iii. The parties shall appear before the Additional Civil Judge and JMFC at Hiriyur on 26.09.2025 without waiting for further notice. iv. Since the respondent has not entered his appearance, in the event he does not appear before the Additional Civil Judge and JMFC, Hiriyur, the concerned Court shall take appropriate steps. Sd/- ____________________ JUSTICE K.S. HEMALEKHA PHM List No.: 1 Sl No.: 9