- 1 - HC-KAR NC: 2025:KHC:30050 C.P. No.121/2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA CIVIL PETITION NO.121/2025 BETWEEN: SMT. SPOORTHY KANNAVAR W/O AJAYKUMAR H.C D/O VIVEK .K AGED ABOUT 29 YEARS R/AT NO.3683/2, ANJANYA BADAVANE BEHIND N.C.C. OFFICE DAVANGERE, 577 002 DAVANAGERE TALUK AND DISTRICT. …PETITIONER (BY SRI. M.R. HIREMATHAD, ADV.,) AND: SRI. AJAYKUMAR H.C. S/O SRI. S. CHANDRASHEKARAPPA AGED ABOUT 35 YEARS R/AT. VENKATESHWARA NAGAR KADURU TOWN CHIKKAMANGALURU-577548. …RESPONDENT (BY SRI. MANJUNATH B, ADV.,) THIS CIVIL PETITION IS FILED UNDER SECTION 24 R/W SEC.151 OF CPC, PRAYING TO TRANSFER THE CASE IN M.C.NO.100/2024 ON THE FILE HON'BLE SENIOR CIVIL JUDGE AND JMFC, KADUR AND TRANSFER TO THE FILE OF HON'BLE FAMILY COURT, DAVANAGERE & ETC. THIS PETITION, COMING ON FOR FINAL HEARING, 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:30050 C.P. No.121/2025 CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL ORDER The present petition is filed by the wife seeking to transfer M.C.No.100/2024 pending on the file of Senior Civil Judge and JMFC, Kadur, to the Family Court at Davanagere. 2. Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondent. 3. Learned counsel for the respondent has filed a memo stating that the respondent has no objection to transfer M.C.No.100/2024 to the Family Court at Davanagere. 4. Memo is taken on record. 5. The marriage between the petitioner and the respondent was solemnized on 20.12.2020 as per the customs prevailing in their community. They are blessed - 3 - HC-KAR NC: 2025:KHC:30050 C.P. No.121/2025 with a son, who is in the care and custody of the petitioner-wife. Due to un-cordial relationship between the parties, they are living separately for quite sometime. 6. Learned counsel for the petitioner submits that the petitioner is residing at Davanagere along with her minor child and the travel distance between Davanagere to Kadur is around more than 170 kilometers, which is causing great hardship and inconvenience to the petitioner. 7. The cardinal principle in matrimonial case where the wife seeks to transfer a matrimonial case by invoking Section 24 of Code of Civil Procedure, 1908, the paramount concern of the Court is the convenience of the wife than the inconvenience that would be caused to the husband. 8. In the instant case, the respondent has no objection to transfer M.C.No.100/2024 to the Family Court at Davanagere and also noticing that the travel distance - 4 - HC-KAR NC: 2025:KHC:30050 C.P. No.121/2025 between Davanagere to Kadur is more than 170 kms., this Court feels it is appropriate to allow the petition and this Court pass the following: ORDER i. Civil Petition is allowed. ii. M.C.No.100/2024 pending on the file of Senior Civil Judge and JMFC, Kadur, is withdrawn from the said Court and transferred to the Family Court at Davanagere. iii. The parties to appear before the Family Court at Davanagere on 09.09.2025. Sd/- ______________________ JUSTICE K.S. HEMALEKHA BSR List No.: 1 Sl No.: 1