- 1 - HC-KAR NC: 2025:KHC:34992 CP No. 284 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. 284 OF 2025 BETWEEN: SMT. N. POOJITHA D/O NAGALINGESHWARA PRASAD.A. @ NAGALINGE BABU, W/O DR. BHARATH K.S. AGE ABOUT 25 YEARS R/AT POOJA FASHIONS, KUVEMPU ROAD, PAVAGADA, PAVAGADA TALUK, TUMKURU DISTRICT - 561 202. …PETITIONER (BY SRI. NAGARAJA S, ADVOCATE) AND: DR. BHARATH K.S, S/O LATE K. SATHYMAIAH AGE ABOUT 36 YEARS R/AT NO. 86/87, LAKSHMI VENKATESHWARA NILAYA NEAR OLD GOVT SCHOOL, AMRUTHAHALLI BANGALORE NORTH, BANGALORE - 560 092. ALSO R/AT NO 36, HARSHITH GOWDA NILAYA, NEAR MUNESHWARA TEMPLE STREET, HUDI LAYOUT, AMRUTHAHALLI SAHAKARANAGARA POST, BANGALORE - 560 092. …RESPONDENT (BY SRI. PAVAN KUMAR G, ADVOCATE) Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:34992 CP No. 284 of 2025 THIS CIVIL PETITION IS FILED UNDER SEC. 24 OF THE CIVIL PROCEDURE CODE. 1908 PRAYING TO WITHDRAW THE PETITION IN MC NO.7375/2024 PENDING ON THE FILE OF THE III ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, AT BANGALORE PRODUCED AT ANNEXURE - A AND TRANSFER THE SAME TO THE SENIOR CIVIL JUDGE AND JMFC, AT PAVAGADA TO TRY AND DISPOSE OF THE SAME IN ACCORDANCE WITH LAW AND PASS SUCH OTHER ORDERS THAT THIS HONBLE COURT DEEMS FIT TO GRANT IN THE FACTS AND CIRCUMSTANCES OF THE 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 wife seeking to withdraw M.C.No.7375/2024 initiated by the respondent - husband under Section 10 of the Hindu Marriage Act, 1955 ('Act' for short) seeking relief of judicial separation pending on the file of the III Additional Principal Judge, Family Court, Bengaluru and transfer the same to the Senior Civil Judge and JMFC at Pavagada. - 3 - HC-KAR NC: 2025:KHC:34992 CP No. 284 of 2025 2. Heard the learned counsel for the petitioner and learned counsel for the respondent and perused the material on record. 3. Learned counsel for the petitioner submits that petitioner has filed M.C.No.21/2025 seeking restitution of conjugal rights invoking Section 9 of the Act pending on the file of Senior Civil Judge and JMFC, Pavagada. She is residing at Pavagada. The travel distance between Pavagada to Banglaore is around 187 kilometers one way causing great inconvenience to the petitioner. 4. Per contra, learned counsel appearing for the respondent submits that the respondent is a doctor by profession and is the sole bread earner of his family. He also has the responsibility of taking care of his ailing mother and there is no one else available to look after her. It is therefore submitted that transferring the proceedings would cause great hardship to the respondent. 5. The Apex Court in the case of N.C.V. Aishwarya Vs. A.S.Saravana Karthik - 4 - HC-KAR NC: 2025:KHC:34992 CP No. 284 of 2025 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 is the convenience of the wife than the inconvenience caused to the husband. 6. The petitioner, being a woman, would be required to travel approximately 187 kilometres one way. Frequent travel to attend each hearing would undoubtedly cause her hardship and inconvenience. While the respondent is a Doctor by profession and has obligations towards his family and his ailing mother, the hardship caused to the petitioner by compelling her to travel nearly 187 kilometres on each occasion outweighs the inconvenience to the respondent. The transfer is warranted in present facts and accordingly, this court pass the following: 1Civil Appeal No.4894/2022 - 5 - HC-KAR NC: 2025:KHC:34992 CP No. 284 of 2025 O R D E R (i) Civil petition is allowed. (ii) M.C.No.7375/2024 pending on the file of the III Additional Principal Judge, Family Court, Bengaluru is withdrawn and transferred to the Senior Civil Judge and JMFC at Pavagada to be heard along with M.C.No.21/2025. (iii) Parties to appear before the Family Court at the Senior Civil Judge and JMFC at Pavagada on 09.10.2025 without waiting for further notice. Sd/- ______________________ JUSTICE K.S. HEMALEKHA SS List No.: 1 Sl No.: 15 0CT: BHK