- 1 - HC-KAR NC: 2025:KHC:36307 CP No. 259 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA CIVIL PETITION NO.259 OF 2025 BETWEEN: V. VISHRUTHA D/O. G. VINAY KUMAR, W/O. S. VAMSHI NARAYANA, AGED ABOUT 26 YEARS, R/AT NO.139, NARAYANA SHASTRY ROAD, CHAMARAJA MOHALLA, MYSORE DISTRICT, MYSORE-570024. …PETITIONER (BY SMT. BHUSHANI KUMAR, ADVOCATE) AND: MR. S. VAMSHI NARAYANA S/O. S. KRISHNA PRASAD, AGED ABOUT 29 YEARS, R/AT 130/18, 2ND CROSS, NEHRU COLONY, BELLARY-583103. …RESPONDENT (NOTICE TO RESPONDENT IS SERVED AND UNREPRESENTED) THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF THE CIVIL PROCEDURE CODE, 1908 PRAYING TO WITHDRAWING THE M.C.NO.163/2025 PENDING BEFORE THE HON’BLE PRINCIPAL FAMILY COURT BELLARY AND TRANSFER THE SAID PETITION TO HON’BLE FAMILY COURT AT MYSORE. THIS PETITION COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:36307 CP No. 259 of 2025 ORAL ORDER The present petition is filed by the wife seeking to withdraw and transfer M.C.No.163/2025, instituted by the respondent-husband under the provisions of Section 9 of the Hindu Marriage Act, 1955 (‘the Act’ for short), seeking restitution of conjugal rights, pending on the file of the Principal Family Court, Ballari to the Family Court, Mysuru. 2. Heard the learned counsel for the petitioner. Though the respondent is served with the notice, he has chosen to remain absent. 3. Learned counsel for the petitioner would urge, that the petitioner is residing at Mysuru, whereas the respondent instituted proceedings under Section 9 of the Act, before the family Court at Ballari. The travel distance from Mysuru to Ballari is approximately 368 kms one way, which would cause great hardship and inconvenience to the petitioner in effectively prosecuting the case. - 3 - HC-KAR NC: 2025:KHC:36307 CP No. 259 of 2025 4. It is a cardinal principle underlying matrimonial matters that when the wife seeks transfer of proceedings by invoking Section 24 of CPC, the paramount consideration is the convenience of the wife, rather than the inconvenience that may be caused to the husband. In the present case, the marriage between the petitioner and respondent was solemnized on 03.02.2023 at Mysuru, as per the customs prevailing in their community. Due to uncordial relationship between the couple, they have been residing separately for quite sometime. The respondent has initiated proceedings under Section 9 of the Act, before the Family Court at Ballari. The travel distance between Mysuru and Ballari is approximately 368 kms one way, and such travel would cause great hardship and inconvenience to the wife to travel all the way to Ballari in attending the proceedings instituted by her husband. - 4 - HC-KAR NC: 2025:KHC:36307 CP No. 259 of 2025 5. The Apex Court in the case of N.C.V. Aishwarya Vs. A.S.Saravana Karthik Sha1 (Aishwarya) has reiterated that in matrimonial matters, the convenience of the wife would be given paramount concern while deciding transfer petition and held at paragraph No.9 which reads as under: “9. The cardinal principle for exercise of power under Section 24 of the Code of Civil Procedure is that the ends of justice should demand the transfer of the suit, appeal or other proceeding. In matrimonial matters, wherever Courts are called upon to consider the plea of transfer, the Courts have to take into consideration the economic soundness of both the parties, the social strata of the spouses and their behavioural pattern, their standard of life prior to the marriage and subsequent thereto and the circumstances of both the parties in eking out their livelihood and under whose protective umbrella they are seeking their sustenance to life. Given the prevailing socio-economic paradigm in the Indian society, generally, it is the wife’s convenience which must be looked at while considering transfer.” 1 Civil Appeal No.4894/2022 - 5 - HC-KAR NC: 2025:KHC:36307 CP No. 259 of 2025 6. For the foregoing reasons, petition needs to be allowed and this Court pass the following: ORDER i. The Civil Petition is allowed. ii. M.C.No.163/2025 pending on the file of the Principal Family Court, Ballari is withdrawn and transferred to the Principal Judge, Family Court at Mysuru. iii. The petitioner shall appear before the Principal Judge, Family Court at Mysuru on 30.10.2025 without awaiting for further notice. iv. Since the respondent is not present before this Court, in the event he does not appear before the Principal Judge, Family Court at Mysuru on the said date, the concerned Court to take appropriate steps/course in accordance with law. Sd/- _____________________ JUSTICE K.S. HEMALEKHA MBM List No.: 1 Sl No.: 20