- 1 - HC-KAR NC: 2025:KHC:36316 CP No. 234 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA CIVIL PETITION NO.234 OF 2025 BETWEEN: SMT. LATHA B.S. W/O SATHYAJITH .P.S AGED ABOUT 32 YEARS, R/O NO.406, BASAVA KRUPA, 2ND MAIN ROAD, TALAKAVERI NAGARA, AMRUTHAHALLI, BANGALORE-560 092. …PETITIONER (BY SRI PAVAN KUMAR G., ADVOCATE) AND: SATHYAJITH P.S. S/O P.M. SIDDAGANGAIAH, AGED ABOUT 34 YEARS, R/O SIRIGANGA, S.I. EXTENSION, 11TH CROSS, BEHIND POLICE QUARTERS, TUMAKURU-572 102. …RESPONDENT (BY SRI SATHISHA T., ADVOCATE) THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CPC, 1908 PRAYING TO ALLOW THE PETITION AND THEREBY ORDER FOR TRANSFER M.C.NO.11/2024 PENDING ON THE FILE OF THE COURT OF THE PRL. JUDGE, FAMILY JUDGE AT TUMAKURU TO THE FAMILY COURT AT BANGALORE AND SUCH OTHER RELIEFS AS THIS COURTS DEEMS FIT IN THE FACTS AND CIRCUMSTANCES OF THIS CASE IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION COMING ON FOR ADMISSION, 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:36316 CP No. 234 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 M.C. No.11/2024 initiated by the respondent-husband for divorce invoking Section 13 (1) (i- a) of the Hindu Marriage Act, 1955 (‘the Act’ for short), pending on the file of the Principal Judge, Family Court at Tumakuru, and transfer the same to the Principal Family Court at Bengaluru. 2. Heard the learned counsel for the petitioner and the learned counsel for the respondent. 3. The marriage between the petitioner and respondent was solemnized on 24.01.2018, as per the customs prevailing in their community. From the wedlock, a child is born, who is in care and custody of the petitioner. Due to un-cordial relationship, they are residing separately for quite some time. - 3 - HC-KAR NC: 2025:KHC:36316 CP No. 234 of 2025 4. Learned counsel for the petitioner submits that the travel distance from Bengaluru, where the petitioner resides and is employed, to Tumakuru is about 70 kilometers, which causes great inconvenience and hardship to the petitioner in attending the proceedings. Petitioner has a minor child, aged about 5 years, who is under her care and custody, which further adds to her difficulty in traveling to Tumakuru to defend the proceedings initiated by her husband. 5. Per contra, learned counsel for the respondent submits that in the pending matrimonial proceedings, the Trial Court has already awarded maintenance of Rs.5,000/- per month to the minor child and therefore, the plea of financial burden advanced by the petitioner cannot be acceptable in light of such arrangement. It is further submitted that the travel distance between Bengaluru and Tumakuru is only about 70 kilometers and as the respondent-husband is employed at Tumakuru, he would - 4 - HC-KAR NC: 2025:KHC:36316 CP No. 234 of 2025 be put to undue hardship if the present petition filed by the wife seeking transfer is allowed. 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 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. Upon consideration of the rival contentions urged by both the parties, this Court is of the view that the petition filed by the wife deserves to be allowed on the following grounds: 1Civil Appeal No.4894/2022 - 5 - HC-KAR NC: 2025:KHC:36316 CP No. 234 of 2025 i. The petitioner is residing and employed at Bengaluru and the travel distance from Bengaluru to Tumkuru is approximately 70 kilometers one way. ii. She has the care and custody of a minor child, aged about 4 years, which causes untold hardship and inconvenience to the petitioner in traveling all the way to Tumakuru to attend the proceedings. The contention of the respondent that maintenance has already been awarded to the child cannot outweigh the inconvenience and hardship that would be caused to the petitioner in such circumstances. 8. For the foregoing reasons, this Court pass the following: ORDER i. The Civil Petition is allowed. ii. MC No.11/2024 pending on the file of the Principal Judge, Family Court, Tumakuru is withdrawn and transferred to the Principal Judge, Family Court at Bengaluru. - 6 - HC-KAR NC: 2025:KHC:36316 CP No. 234 of 2025 iii. The parties shall appear before the Principal Judge, Family Court, Bengaluru on 28.10.2025 without waiting for further notice. iv. The Principal Judge, Family Court, Bengaluru to assign the transferred case to appropriate Court. Sd/- _____________________ JUSTICE K.S. HEMALEKHA MBM List No.: 1 Sl No.: 18