- 1 - HC-KAR NC: 2025:KHC:33007 CP No. 135 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF AUGUST, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA CIVIL PETITION NO.135 OF 2025 BETWEEN: SHEELA M.K. W/O. LOKESHA, AGED ABOUT 40 YEARS, R/AT DOOR NO.859, 5TH CROSS, SHARADHADEVI NAGAR, MYSURU TOWN, MYSURU-570023. …PETITIONER (BY SRI VIJAY KUMAR T., ADVOCATE) AND: LOKESHA S/O. RAJU, AGED ABOUT 45 YEARS, R/AT HOUSING BOARD, ARAKALAGUDU TOWN, ARAKALAGUDU TALUK, HASSAN DISTRICT-573102 …RESPONDENT (BY SRI GANAPATI BHAT VAJRALLI, ADVOCATE) THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF THE CODE OF CIVIL PROCEDURE, 1908 PRAYING TO TRANSFER THE CASE IN MC NO.3/2025 PENDING ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC AT ARAKALGUDU TO THE PRINCIPAL JUDGE, FAMILY COURT AT MYSURU, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:33007 CP No. 135 of 2025 CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL ORDER The present petition is filed by the wife seeking to withdraw and transfer MC No.3/2025 pending on the file of the Senior Civil Judge and JMFC, Arakalgudu to the Family Court at Mysuru. 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 27.03.2016 as per Hindu customs and rituals. Due to un-cordial relationship between them, they are residing separately for quite some time. 4. The learned counsel for the petitioner submits that respondent has filed petition seeking restitution of conjugal rights in MC No.3/2025 before the Court at Arakalgudu. The petitioner is residing at Mysuru with her - 3 - HC-KAR NC: 2025:KHC:33007 CP No. 135 of 2025 parents. It is submitted that as the travel distance from Arakalgudu to Mysuru is around 110 Kms, it is difficult for the petitioner to attend the proceedings at Arakalgudu. 5. Per contra, the learned counsel for the respondent submits that the respondent’s mother is suffering from various aliments and he has to look after her. In the circumstances, if transfer is made as pleaded by the petitioner, inconvenience would be caused to the respondent/husband. 6. Under Section 24 CPC, the Court has wide discretion to transfer any proceedings if it is expedient for the ends of justice. In matrimonial cases, the settled principle is that the convenience of the wife is to be given paramount consideration. 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 1Civil Appeal No.4894/2022 - 4 - HC-KAR NC: 2025:KHC:33007 CP No. 135 of 2025 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. 7. In the instant case, the petitioner-wife is living at Mysuru and the travel distance from Mysuru to Arakalgudu is around 110 Kms causing inconvenience to the petitioner. The petitioner would be put to undue hardship by travelling 110 Kms to Arakalgudu from Mysuru. Transfer is warranted to secure her convenience and to avoid multiplicity of proceeding. 8. For the foregoing reasons, this Court pass the following: ORDER i. The Civil Petition is allowed. ii. MC No.3/2025 pending on the file of the Senior Civil Judge and JMFC, Arakalgudu, - 5 - HC-KAR NC: 2025:KHC:33007 CP No. 135 of 2025 is withdrawn and transferred to the Family Court at Mysuru. iii. The parties shall appear before the Principal Judge, Family Court, Mysuru, on 18.09.2025 without waiting for further notice. iv. The Principal Judge, Family Court, Mysuru, to assign the transferred case to appropriate Court. Sd/- _____________________ JUSTICE K.S. HEMALEKHA CKL List No.: 1 Sl No.: 48