- 1 - HC-KAR NC: 2025:KHC:38456 CP No. 191 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA CIVIL PETITION NO. 191 OF 2025 BETWEEN: SMT. NIDHI M SHAH W/O MAYUR B SHAH D/O MUKESH M SHAH AGED ABOUT 39 YEARS R/AT PLOT NO.J1707,J BLOCK BRIGADE GATEWAY APARTMENT NO.26/1, DR. RAJKUMAR ROAD MALLESWARAM WEST BENGALURU - 560 055. …PETITIONER (BY SRI CHINMAY J MIRJI, ADV.) AND: SRI MAYUR B SHAH S/O BIPIN R SHAH AGED ABOUT 41 YEARS R/AT RASIK TOWERS NO.12/1A, LOKRANJAN MAHAL ROAD, NAZARBAD, MYSURU - 570 010. …RESPONDENT (BY SMT. YOGEESHA A.S, ADV., - ABSENT) THIS CIVIL PETITION IS FILED UNDER SEC. 24 OF THE CIVIL PROCEDURE CODE. 1908 PRAYING TO TRANSFER THE MC NO.482/2024 PENDING FOR ADJUDICATION BEFORE THE HONBLE PRINICPAL JUDGE, FAMILY COURT , MYSURU TO THE HONBLE PRINCIPAL JUDGE, FAMILY COURT, BENGALURU. 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:38456 CP No. 191 of 2025 ORAL ORDER 1. The present petition is filed by petitioner-wife, seeking to withdraw M.C.No.482/2024, instituted by the respondent-husband seeking restitution of conjugal rights, pending on the file of the Principal Judge, Family Court, Mysuru, and transfer the same to the Court of Principal Judge, Family Court, Bengaluru. 2. Heard the learned Counsel for the petitioner. 3. Learned Counsel for the petitioner submits that petitioner is presently residing at Bengaluru along with her minor child, who is now aged about 11 years. The travel distance from Bengaluru to Mysuru is around 150 Kms. one way. Such long distance causes great inconvenience and hardship to the petitioner, more particularly when she is having the care and custody of a minor child. 4. Though the respondent has been served with the notice and is represented by Counsel, neither the respondent nor his Counsel is present. Even on the - 3 - HC-KAR NC: 2025:KHC:38456 CP No. 191 of 2025 previous date of hearing, there was no representation on behalf of the respondent. 5. It is the cardinal principle underlining matrimonial cases where the wife seeks for transfer of proceedings by invoking Section 24 of CPC, the paramount consideration of the Court is the convenience of the wife, rather than the inconvenience that may be caused to the respondent- husband. 6. In the instant case, petitioner who is aged 39 years has the care and custody of minor girl child aged about 11 years. The travel distance from Bengaluru to Mysuru is around 150 Kms. one way. Compelling the petitioner to travel such a long distance frequently causes great hardship and inconvenience. 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 1Civil Appeal No.4894/2022 - 4 - HC-KAR NC: 2025:KHC:38456 CP No. 191 of 2025 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. 8. For the foregoing reasons, this Court proceeds to pass the following: ORDER ii) The Civil Petition is allowed. ii) M.C.No.482/2024 pending on the file of the Principal Judge, Family Court, Mysuru, is withdrawn and transferred to the Court of Principal Judge, Family Court at Bengaluru. iii) Parties are directed to appear before the Principal Judge, Family Court, Bengaluru, on 29.10.2025 without waiting for further notice. - 5 - HC-KAR NC: 2025:KHC:38456 CP No. 191 of 2025 iv) The Principal Judge, Family Court, Bengaluru, shall assign the matter to appropriate court. Sd/- _____________________ JUSTICE K.S. HEMALEKHA KK List No.: 1 Sl No.: 6