- 1 - HC-KAR NC: 2025:KHC:38956 CP No. 255 of 2025 C/W CP No. 256 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA CIVIL PETITION NO. 255 OF 2025 C/W CIVIL PETITION NO. 256 OF 2025 IN CP No. 255/2025 BETWEEN: SMT. SMITHA. T. N. W/O PRASHANT K. P., D/O T. M. NATARAJU, AGED ABOUT 36 YEARS, RESIDING AT 2ND STAGE, GOKULA EXTENSION, VIVEKANANDA ROAD, TUMAKURU CITY - 577101 …PETITIONER (BY SRI. MALLIKARJUN B RYAKHA.,ADVOCATE) AND: SRI. PRASHANTH. K. P. S/O PRAKASH K. S., AGED ABOUT 47 YEARS, RESIDING AT LIG39, 1ST FLOOR, III STAGE, III MAIN, KHB COLONY, BEHIND PRAMATHI SCHOOL, KUVEMPUNAGARA MYSORE CITY - 57002 Y-570023 …RESPONDENT (RESPONDENT SERVED AND UNREPRESENTED) Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:38956 CP No. 255 of 2025 C/W CP No. 256 of 2025 THIS CP IS FILED UNDER SECTION 24 OF CPC, PRAYING TO TRANSFER THE G AND W.C NO.27/2025 PENDING ON THE FILE OF THE III ADDITIONAL PRL. FAMILY COURT AT MYSURU TO BEFORE THE COURT OF I ADDITIONAL PRL.JUDGE, FAMILY COURT AT TUMAKURU. IN CP NO. 256/2025 BETWEEN: SMT. SMITHA. T. N. W/O PRASHANT K P., D/O T M NATARAJU, AGED ABOUT 36 YEARS, RESIDING AT 2ND STAGE, GOKULA EXTENSION, VIVEKANANDA ROAD TUMAKURU CITY - 577101 ...PETITIONER (BY SRI. MALLIKARJUN B RYAKHA.,ADVOCATE) AND: SRI. PRASHANTH. K. P. S/O PRAKASH K S., AGED ABOUT 47 YEARS, RESIDING AT LIG39, 1ST FLOOR, 3RD STAGE, 3RD MAIN, KHB COLONY, BEHIND PRAMATHI SCHOOL, KUVEMPUNAGARA MYSORE CITY - 570023. ...RESPONDENT (RESPONDENT SERVED AND UNREPRSENTED) - 3 - HC-KAR NC: 2025:KHC:38956 CP No. 255 of 2025 C/W CP No. 256 of 2025 THIS CP IS FILED UNDER SECTION 24 OF CPC, PRAYING TO TRANSFER THE M.C.PETITION NO.556/2025 PENDING ON THE FILE OF THE III ADDITIONAL PRINCIPAL FAMILY COURT AT MYSURU TO BEFORE THE COURT OF I ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT AT TUMAKURU. THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL ORDER Both petitions are instituted by the petitioner-wife. CP.No.255/2025 seeks withdrawal of G and W C.No.27/2025 instituted by the respondent-husband invoking Sections 7 and 10 of the Guardians and Wards Act, 1890 (for short 'the Act') pending on the file of the III Additional Principal Family Court at Mysuru and transfer the same to the I Additional Principal Judge, Family Court at Tumkuru. CP.No.256/2025 seeks to withdrawal of MC.No.556/2025 also instituted by the respondent seeking restitution of conjugal rights, pending on the file of the III - 4 - HC-KAR NC: 2025:KHC:38956 CP No. 255 of 2025 C/W CP No. 256 of 2025 Additional Principal Family Court at Mysuru and transfer the same to the I Additional Principal Judge, Family Court at Tumkuru. 2. Heard learned counsel appearing for the petitioner. 3. The respondent though served with the notice, he has chosen to remain absent and there is no representation. 4. The marriage between the petitioner and the respondent was solemnized on 21.05.2017 as per the customs prevailing in their community. The couple is blessed with a child, who is now aged about 6 years. Due to an strained relation between them, they have been residing separately for quite some time. 5. Learned counsel for the petitioner contends that G and W C.No.27/2025 is instituted by the respondent- husband under Sections 7 and 8 of the Act, but the petition is not maintainable since the minor child resides - 5 - HC-KAR NC: 2025:KHC:38956 CP No. 255 of 2025 C/W CP No. 256 of 2025 with the petitioner at Tumakuru and under Section 9 of the Act jurisdiction lies with the Court where the minor ordinarily resides. Further, MC.No.556/2025 has also been filed by the respondent at Mysuru, while the petitioner is residing at Tumakuru with the minor child, who is now aged about 6 years. The travel distance from Tumakuru to Mysuru is around 310 Kms one way, requiring nearly 6 hours of travel time, and such a long distance, particularly when she has care and custody of a minor child causes great inconvenience and hardship to the petitioner. 6. Section 9 of the Act reads as under: "9. Court having jurisdiction to entertain application.-(1) If the application is with respect to the guardianship of the person of the minor, it shall be made to the District Court having jurisdiction in the place where the minor ordinarily resides." 7. The above provision clearly provides that an application relating to guardianship shall be made to the - 6 - HC-KAR NC: 2025:KHC:38956 CP No. 255 of 2025 C/W CP No. 256 of 2025 District Court having the jurisdiction in the place where the minor ordinarily resides. 8. It is undisputed that the minor is residing at Tumakuru. Hence, the application/petition filed by the respondent at Mysuru is not maintainable and requires transfer. 9. Considering the inconvenience caused by long travel distance from Tumakuru to Mysuru and paramount welfare of the minor, this Court is satisfied that the petition for transfer warrants interference. 10. 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 - 7 - HC-KAR NC: 2025:KHC:38956 CP No. 255 of 2025 C/W CP No. 256 of 2025 weigh the economic and social circumstances of the parties. Thus, the cardinal principle is the convenience of the wife and welfare of the minor child are paramount consideration while exercising jurisdiction under Section 24 of the Code of Civil Procedure, 1908. 11. The petitioner has made out a ground for transfer of G and W C.No.27/2025 and MC.No.556/2025. 12. For the foregoing reasons, this Court pass the following: ORDER i. The Civil Petitions are allowed. ii. G and W C.No.27/2025 pending on the file of the III Additional Principal Family Court at Mysuru is withdrawn and transferred to the I Additional Principal Judge, Family Court at Tumakuru. MC.No.556/2025 pending on the file of the III Additional Principal Family Court at Mysuru is withdrawn and transferred to the I - 8 - HC-KAR NC: 2025:KHC:38956 CP No. 255 of 2025 C/W CP No. 256 of 2025 Additional Principal Judge, Family Court at Tumakuru. iii. The parties shall appear before the I Additional Principal Judge, Family Court at Tumakuru on 24.10.2025 without waiting for further notice. iv. Since the respondent has not entered his appearance here, in the event he does not appear before I Additional Principal Judge, Family Court at Tumakuru on the said day, the concerned Court to take appropriate steps/course in accordance with law. v. The Registry of the III Additional Principal Family Court at Mysuru is directed to transmit the papers to the I Additional Principal Judge, Family Court at Tumakuru forthwith. Sd/- _____________________ JUSTICE K.S. HEMALEKHA PHM List No.: 2 Sl No.: 5