- 1 - HC-KAR NC: 2025:KHC:34742 CP No. 203 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. 203 OF 2025 BETWEEN: MRS ATHMIKA T P, D/O PRADEEP KUMAR, AGED ABOUR 31 YEARS, RESIDING AT TALIHALLA VILLAGE, JAKKANAHALLI POST, CHIKKAMAGALURU TALUK, CHIKKAMGALURU DISTRICT - 577 130. PRESENTLY RESIDING AT, PRAKASH ENCLAVE, 18/4 NAGAPPA STREET, OPPOSITE SRINIVAS CLINIC, PALACE GUTTAHALLI, MALLESWARAM, BENGALURU 560 003. (ADDRESS OF THE PETITIONER IS MENTIONED AS PER THE AADHAR CARD) …PETITIONER (BY SRI. AJIT P B., ADVOCATE) AND: MR C CHITHRARTH, S/ D CHIDANANDA, AGED ABOUT 34 YEARS, R/AT SRIDEVI ESTATE, ARAMANE TALAGURU VILLAGE, SUNKASALE POST, BALURU HOBLI, MUDIGERE TALUK, CHIKKAMAGALURU 577 121. …RESPONDENT (BY SRI. GANESHA K.,ADVOCATE) Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:34742 CP No. 203 of 2025 THIS CP IS FILED UNDER SEC. 24 OF THE CIVIL PROCEDURE CODE. 1908 PRAYING TO, TRANSFER THE CASE IN MC NO.11/2025 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, MUDIGERE, TO THE COURT OF PRINCIPAL JUDGE, FAMILY COURT, AT BANGALORE AND GRANT SUCH OTHER AND FURTHER RELIEFS AS THIS HONBLE COURT DEEMS FIT AND PROPER UNDER THE CIRCUMSTANCES OF THIS CASE, 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 petitioner-wife seeking to withdraw and transfer MC.No.11/2025 initiated by the respondent-husband seeking restitution of conjugal rights under Section 9 of the Hindu Marriage Act, 1955 pending on the file of the Senior Civil Judge and JMFC, Mudigere to the Principal Family Court at Bengaluru. 2. Heard learned counsel appearing for the petitioner and the learned counsel appearing for the respondent. 3. The marriage between the petitioner and the respondent was solemnized on 14.05.2023 as per customs prevailing in their community. The couple is blessed with a child, who is now aged about 1.5 years. Due to an un-cordial - 3 - HC-KAR NC: 2025:KHC:34742 CP No. 203 of 2025 relationship between them, they have been residing separately for quite some time. 4. The learned counsel for the petitioner submits that the petitioner has initiated the proceedings under the Protection of Women from Domestic Violence Act, 2005 and the same is pending before the MMTC-III, Bengaluru. The petitioner is residing at Bengaluru along with her minor child aged about 1.05 years. The travel distance between Bengaluru to Mudigere is approximately 260 kms, which requires several hours of travel, thereby causing undue hardship and inconvenience to the petitioner in attending proceedings initiated by her husband at Mudigere. 5. On the other hand, learned counsel for the respondent contends that the petitioner's maternal home is at Chikkamagaluru and in her pleadings, she has reflected the said address. If the maternal residence is taken into account, the travel distance from Chikkamagaluru to Mudigere is only 16 kms, which according to the respondent, would not cause much inconvenience to the petitioner. - 4 - HC-KAR NC: 2025:KHC:34742 CP No. 203 of 2025 6. This Court is mindful of the fact that the petitioner is presently residing at Bengaluru with the infant child and pursuing proceedings under the Domestic Violence Act in Bengaluru. The argument advanced by the respondent regarding the petitioner's maternal residence at Chikkamagaluru cannot outweigh the actual present resident and circumstances of the petitioner. The responsibility of travelling a distance of over 260 kms from Bengaluru to Mudigere with 1.5 years old child would place an unreasonable burden on the petitioner. The transfer is warranted. 7. 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 1Civil Appeal No.4894/2022 - 5 - HC-KAR NC: 2025:KHC:34742 CP No. 203 of 2025 is the convenience of the wife than the inconvenience caused to the husband. 8. For the foregoing reasons, this Court pass the following: ORDER i. The Civil Petition is allowed. ii. MC No.11/2025 pending on the file of the Senior Civil Judge and JMFC, Mudigere, is withdrawn and transferred to the Principal Judge, Family Court at Bengaluru. iii. The parties shall appear before the Principal Judge, Family Court, Bengaluru on 10.10.2025 without waiting for further notice. iv. The Principal Judge, Family Court, Bengaluru to assign the transferred case to appropriate Court. Sd/- ____________________ JUSTICE K.S. HEMALEKHA PHM List No.: 1 Sl No.: 8