- 1 - HC-KAR NC: 2025:KHC-D:9774 CP No. 100081 of 2025 IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 05TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CIVIL PETITION NO. 100081 OF 2025 BETWEEN: SMT. KOMALA W/O. UMESH KALIDAS BEFORE MARRIAGE KNOW AS KOMAL R. PILLE, AGE: ABOUT 22 YEARS, OCC: HOME MAKER, R/O. #1346, S.M. KRISHNA NAGAR, OLD-HUBBALLI, HUBBALLI DISTRICT DHARWAD-580024. …PETITIONER (BY SRI SACHIN C. ANGADI, ADVOCATE.) AND: UMESH KALIDAS S/O. KALIDAS AGE: ABOUT 27 YEARS, OCC: CONTRACTOR, R/O. WARD NO.5, MUNDRIGI VILLAGE BALLARI TALUK, DISTRICT BALLARI PIN CODE 583102. …RESPONDENT (NOTICE SERVED.) THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF THE CIVIL PROCEDURE CODE, 1908, PRAYING TO TRANSFER M.C.NO.04/2025, PENDING BEFORE THE PRINCIPAL JUDGE FAMILY COURT, BALLARI, TO THE PRINCIPAL JUDGE, FAMILY COURT, HUBBALLI IN THE INTEREST OF JUSTICE AND ETC.,. THIS PETITION COMING ON FOR ADMISSION THIS DAY, ORDER IS PASSED THEREIN AS UNDER. Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.08.07 11:28:33 +0530 - 2 - HC-KAR NC: 2025:KHC-D:9774 CP No. 100081 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE G BASAVARAJA) Learned counsel for the petitioner is present. Though notice issued to the respondent is served, he remained absent and unrepresented. 2. Heard the learned counsel for petitioner. 3. This petition is filed by the petitioner under section 24 of the Code of Civil Procedure, 1908, seeking to transfer M.C.No.4/2025, pending on the file of Principal Judge, Family Court, Ballari, to the Court of Principal Judge, Family Court, Hubballi, on the following grounds. i) It is submitted that the cause title of the M.C.04/2025 pending before the Principal Judge Family Court, Ballari, petition is reveals that the petitioner-wife is residing at Hubballi, hence be pleased allow the above petition and transfer to the Prl. Judge Family Court, Hubballi. ii) It is submitted that petitioner-wife, is residing at Hubballi, and travelling from Hubballi to Ballari, which is about nearly more than 210 KM one side, 420 KM up and down and could cause serious inconvenience and furthermore - 3 - HC-KAR NC: 2025:KHC-D:9774 CP No. 100081 of 2025 petitioner states that there is apprehension of danger to life and limb of herself. iii) It is submitted that the wife has filed the Crl. Misc.62/2024 petition under section 125 Cr.P.C., against the husband same is allowed on 18/06/2024 and now the wife has initiated the recovery proceedings against the husband bearing case no.73/2025 hence be pleased to allow the petition. iv) It is submitted that the petitioner is relying on the supreme court judgment in NCV Aishwarya vs AS Saravana Karthik Sha, which is reported at 2022 LiveLaw (SC) 627, in para no. 9 v) The cardinal principle for exercise of power under Section 24 of the Code of Civil Procedure is that the ends of justice should demand the transfer of the suit, appeal or other proceeding. In matrimonial matters, wherever Courts are called upon to consider the plea of transfer, the Courts have to take into consideration the economic soundness of both the parties, the social strata of the spouses and their behavioural pattern, their standard of life prior to the marriage and subsequent thereto and the circumstances of both the parties in eking out their livelihood and under whose protective umbrella they are seeking their sustenance to life. Given the prevailing socioeconomic paradigm in the Indian society, generally, it is the wife's convenience which must be looked at while considering transfer. Hence be pleased to consider this judgment and be pleased to allow the civil petition in the interest of justice. - 4 - HC-KAR NC: 2025:KHC-D:9774 CP No. 100081 of 2025 4. To substantiate her contentions, the petitioner has produced copy of the petition filed by her husband in Ballari Court, under Section 9 of the Hindu Marriage Act, for restitution of conjugal rights in M.C.No.4/2025 and also the order sheet thereof. The petitioner has also produced copy of petition filed by her under Section 128 of Cr.P.C., in Crl.Misc.No.73/2025, at Hubballi Court. 5. There are no materials to discard the grounds urged by the petitioner in the petition. Accepting the reasons assigned in the petition, I proceed to pass the following: ORDER i) The petition filed under section 24 of CPC is allowed. ii) M.C.No.4/2025 pending on the file of Principal Judge, Family Court, Ballari, shall be transferred to the Court of Principal Judge, - 5 - HC-KAR NC: 2025:KHC-D:9774 CP No. 100081 of 2025 Family Court, Hubballi, for disposal in accordance with law. iii) Registry to send a copy of this order to the respondent/husband through RPAD. iv) Registry to send a copy of this order to both the Courts for taking necessary action. Sd/- (G BASAVARAJA) JUDGE MRK Ct-CMU LIST NO.: 1 SL NO.: 54