- 1 - HC-KAR NC: 2025:KHC:32990 CP No. 108 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.108 OF 2025 BETWEEN: SMT.K. JOYCE AGED ABOUT 40 YEARS, R/AT NO.41, 3RD CROSS, PILLANNA GARDEN, I STAGE, ST. THOMAS TOWN POST, BENGALURU - 560 084 …PETITIONER (BY SRI. PATTABI C, ADVOCATE) AND: SRI. NAVEEN GODFREY H, AGED ABOUT 42 YEARS, R/AT NO.1781, SUNDRAM HOUSE, B.M. ROAD, CORONATION TOWN, ROBERTSONPET POST KOLAR GOLD FIELDS - 563 122 …RESPONDENT (RESPONDENT IS SERVED AND UNREPRESENTED) THIS CP IS FILED UNDER SECTION 24 OF CPC, PRAYING TO ALLOW THE PETITION AS PRAYED FOR BY TRANSFERRING THE PETITION FILED BY THE RESPONDENT HEREIN IN M.C.NO.55/2024 PENDING BEFORE THE LEARNED PRINCIPAL SENIOR CIVIL JUDGE AND JMFC AT KGF TO LEARNED FAMILY COURT JUDGE, FAMILY COURT AT BANGALORE AND TO PASS SUCH OTHER FURTHER ORDER/ORDERS AS IT MAY DEEM FIT AND PROPER IN THE FACTS AND CIRCUMSTANCES OF THE CASE AND IN THE INTEREST OF JUSTICE AND EQUITY. Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:32990 CP No. 108 of 2025 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 and transfer M.C.No.55/2024 filed by the respondent - husband seeking restitution of conjugal rights under Sections 32 and 33 of the Indian Divorce Act, 1869 pending before the Principal Senior Civil Judge and JMFC at KGF to the Family Court, Bengaluru. 2. Heard learned counsel for the petitioner. Though the respondent is served with the notice, he has chosen to remain absent. 3. The marriage between the petitioner and the respondent was solemnized on 18.05.2017 as per Hindu customs and rituals. From the wedlock, two children are born, who are under the care and custody of the petitioner. Due to an un-cordial relationship between them, they are residing separately for quite some time. - 3 - HC-KAR NC: 2025:KHC:32990 CP No. 108 of 2025 4. The learned counsel for the petitioner submits that respondent has filed petition seeking restitution of conjugal rights in MC No.55/2024 before KGF Court. The petitioner is residing at Bengaluru with her two minor children. It is submitted that the travel distance from Bengaluru to KGF is around more than 100 Kms causing undue hardship and inconvenience to the petitioner in attending proceedings at KGF. 5. 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. 1Civil Appeal No.4894/2022 - 4 - HC-KAR NC: 2025:KHC:32990 CP No. 108 of 2025 6. In the instant case, the petitioner is residing at Bengaluru along with her two minor children. The travel distance from Bengaluru to KGF is around 100 Kms causing inconvenience to the petitioner. The petitioner would be put to undue hardship by travelling 100 Kms. to KGF while the petitioner is at Bengaluru, transfer is warranted to secure her convenience. 7. For the foregoing reasons, this Court pass the following: ORDER i. The Civil Petition is allowed. ii. MC No.55/2024 pending on the file of the Principal Senior Civil Judge and JMFC, K.G.F. is withdrawn and transferred to the Principal Judge, Family Court at Bengaluru. iii. The parties shall appear before the Principal Judge, Family Court, Bengaluru on 12.09.2025 without waiting for further notice. - 5 - HC-KAR NC: 2025:KHC:32990 CP No. 108 of 2025 iv. Since the respondent has not entered his appearance, the concerned Court to take appropriate steps. v. The Principal Judge, Family Court, Bengaluru to assign the transferred case to appropriate Court. Sd/- ____________________ JUSTICE K.S. HEMALEKHA MH/- List No.: 1 Sl No.: 6