- 1 - HC-KAR NC: 2025:KHC:38951 CP No. 94 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. 94 OF 2025 BETWEEN: MRS. RENUKA W/O KRISHNA GALI, AGED ABOUT 32 YEARS, RESIDING AT HOUSE NO. 89/12, RENUKA KRUPA, 1ST MAIN, 1ST CROSS, K.G.S LAYOUT, SARASWATHI NAGAR, VIJAYA NAGAR, BENGALURU 560 040 …PETITIONER (BY SMT. KAVERI G KURUVATTI, ADVOCATE FOR SRI KIRAN V RON.,ADVOCATE) AND: MR KRISHNA GALI S/O KOTRAPPA GALI AGED ABOUT 35 YEARS, HOUSE NO.40, SP OFFICE ROAD, NEAR NEW BUS STAND, GADAG 582 101 …RESPONDENT (RESPONDENT SERVED AND UNREPRESENTED) Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:38951 CP No. 94 of 2025 THIS CIVIL PETITION IS FILED UNDER SEC. 24 OF THE CIVIL PROCEDURE CODE, 1908 PRAYING TO PASS AN ORDER TRANSFERRING MC NO.35/2025 PENDING ON THE FILE OF PRL. FAMILY COURT, GADAG TO PRL. JUDGE, FAMILY COURT, BENGALURU. 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 petitioner-wife seeking to withdraw MC.No.35/2025, initiated by the respondent-husband seeking restitution of conjugal rights, pending on the file of the Principal Family Court, Gadag and transfer the same to the Principal Judge, Family Court, Bengaluru. 2. Heard learned counsel appearing for the petitioner. 3. The respondent was duly served with the notice on 06.09.2025. In addition, the petitioner's counsel has - 3 - HC-KAR NC: 2025:KHC:38951 CP No. 94 of 2025 taken out hand summons on the respondent as per the direction of this Court by order dated 12.03.2025. Thus it is clear that the respondent is aware of the proceedings pending before this Court. However, he has chosen to remain absent and is unrepresented. 4. The marriage between the petitioner and the respondent was solemnized on 21.02.2022 as per the customs prevailing in their community. Due to strained relation between them, they have been residing separately for quite some time. 5. Learned counsel appearing for the petitioner submits that the petitioner is residing and employed at Bengaluru. The travel distance from Bengaluru to Gadag is approximately around 417 kms one way, and such a long travel takes nearly 8 hours and an overnight journey, compelling the petitioner to travel a long distance to attend proceedings at Gadag causes great hardship and inconvenience to the petitioner. - 4 - HC-KAR NC: 2025:KHC:38951 CP No. 94 of 2025 6. The Apex Court in the case of N.C.V. Aishwarya Vs. A.S.Saravana Karthik Sha1 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 that may be caused to the husband. 7. In the instant case, the petitioner is presently residing and working at Bengaluru and the respondent is also working in IBM, Bengaluru. The travel distance from Bengaluru to Gadag is around 417 Kms one way and compelling the petitioner to travel such a long distance causes great inconvenience and hardship, particularly, when both parties are working in Bengaluru. 1Civil Appeal No.4894/2022 - 5 - HC-KAR NC: 2025:KHC:38951 CP No. 94 of 2025 8. For the foreoing reasons, this Court pass the following: ORDER i) The Civil Petition is allowed. ii) MC.No.35/2025 pending on the file of the Principal Family Court, Gadag is withdrawn and transferred to the Principal Judge, Family Court, Bengaluru. iii) The Parties shall appear before the Principal Judge, Family Court, Bengaluru on 24.10.2025 without waiting for further notice. iv) The Registry of the Principal Family Court, Gadag, is directed to transmit the papers to the Principal Judge, Family Court, Bengaluru forthwith. v) The Principal Judge, Family Court, Bengaluru to assign the matter to the appropriate Court. - 6 - HC-KAR NC: 2025:KHC:38951 CP No. 94 of 2025 vi) Since the respondent has not tendered his appearance before this Court, in the event he does not appear before the Principal Judge, Family Court, Bengaluru on the said day, the concerned Court to take appropriate steps/course in accordance with law. Sd/- _____________________ JUSTICE K.S. HEMALEKHA PHM List No.: 2 Sl No.: 1