- 1 - HC-KAR NC: 2025:KHC:38549 CP No. 279 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.279 OF 2025 BETWEEN: SMT. SHRUTHI KULAL, D/O SUNDAR KULAL, AGED ABOUT 30 YEARS, R/AT BYARAMPALLI, KUTHYARU PADUMANE, DOOPADAKATTE, PERDUR VILLAGE, UDUPI DISTRICT-576124. …PETITIONER (BY SRI BIPIN B.S., ADVOCATE) AND: MR. CHETHANAKUMAR, S/O A. ANAND, AGED 37 YEARS, R/AT 2ND CROSS, NEAR M.E.S. CONVENT, PAMPA NAGARA, SHIVAMOGGA-577425. …RESPONDENT (BY SRI BASAVARAJAPPA K.C., ADVOCATE (ABSENT)) THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CPC, PRAYING TO TRANSFER THE M.C.NO.40/2024 PENDING ON THE FILE OF PRINCIPAL JUDGE FAMILY COURT AT SHIVAMOGGA TO FAMILY COURT AT UDUPI AS PER ANNEXURE-E. 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:38549 CP No. 279 of 2025 ORAL ORDER The present petition is filed by the wife seeking to withdraw and transfer M.C.No.40/2024, instituted by the respondent-husband seeking restitution of conjugal rights by invoking provisions under Section 9 of the Hindu Marriage Act, 1955 (‘Act’ for short), pending on the file of the Principal Judge, Family Court, Shivamogga to the Family Court, Udupi where M.C.No.59/2025 instituted by the petitioner-wife is pending adjudication. 2. Heard the learned counsel for the petitioner. Though the respondent was served with notice, he has chosen to remain absent. There is no representation. 3. The marriage between the petitioner and respondent was solemnized on 07.02.2022, as per the customs prevailing in their community. Due to strained relation, the parties are residing separately for quite some time. - 3 - HC-KAR NC: 2025:KHC:38549 CP No. 279 of 2025 4. Learned counsel for the petitioner submits that the petitioner resides in Udupi along with her aged parents and has instituted M.C.No.59/2025, seeking dissolution of marriage, which is pending before the Family Court, Udupi. The travel distance between Udupi and Shivamogga is approximately 120 kilometers one way, such long travel would cause undue hardship and great inconvenience to the petitioner in attending the proceedings instituted by the respondent-husband at Shivamogga. Furthermore, since the petitioner has already instituted a petition in Udupi, transferring the husband's petition to the Family Court, Udupi, would also obviate the possibility of conflicting decisions. 5. It is a cardinal principle underlying matrimonial matters that, when the wife seeks transfer of proceedings by invoking the provisions of 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 instant case, the petitioner resides at - 4 - HC-KAR NC: 2025:KHC:38549 CP No. 279 of 2025 Udupi and has instituted M.C.No.59/2025 seeking dissolution of marriage, which is pending adjudication before the Family Court, Udupi. The travel distance between Udupi and Shivamogga is approximately 120 kilometers one way causes undue hardship and great inconvenience to the petitioner. Moreover, in order to avoid multiplicity of proceedings and possible conflicting decisions, and considering the substantial distance between two locations, it is just and proper that M.C.No.40/2024 pending before the Court at Shivamogga be transferred to the Family Court at Udupi.. 6. 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 1Civil Appeal No.4894/2022 - 5 - HC-KAR NC: 2025:KHC:38549 CP No. 279 of 2025 weigh the economic and social circumstances of the parties. 7. For the foregoing reasons, CP warrants acceptances and this Court pass the following: ORDER i. The Civil Petition is allowed. ii. M.C.No.40/2024 pending on the file of the Principal Judge, Family Court, Shivamogga is withdrawn and transferred to the Family Court, Udupi and tried along with M.C.No.59/2025. iii. The M.C.No.59/2025 is listed on 17.10.2025. In such circumstances, the parties shall appear before the Family Court, Udupi on 17.10.2025 without waiting for further notice. Sd/- _____________________ JUSTICE K.S. HEMALEKHA AT List No.: 2 Sl No.: 14