- 1 - HC-KAR NC: 2025:KHC:36765 CP No. 291 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA CIVIL PETITION NO.291 OF 2025 BETWEEN: SMT. SHWETHA AGED ABOUT 28 YEARS, W/O RAJATHA MADHYASTHA, D/O SADASHVIA SHASTRI, R/A NO.1-25, GOLIBETTU, NO.33, SHIROOR, MUDDUMANE POST, UDUPI TALUK, UDUPI DIST.-576223. …PETITIONER (BY SRI K. PRASANNA SHETTY, ADVOCATE) AND: RAJATHA MADHYASTHA AGED ABOUT 30 YEARS, S/O RANGANATH MADHYASTHA, R/AT NO.339, 5TH CROSS, ULLAL UPANAGARA, KENGERI HOBLI, BENGALURU-560056. …RESPONDENT (BY SRI SRIHARI A.V., ADVOCATE) THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF THE CIVIL PROCEDURE CODE, 1908 PRAYING TO PASS AN ORDER TO TRANSFER THE PROCEEDINGS INITIATED BY THE RESPONDENT HEREIN IN MC NO.222/2025 ON THE FILE OF PRINCIPAL SENIOR CIVIL JUDGE, BENGALURU RURAL, TO THE PRINCIPAL JUDGE, FAMILY COURT, AT UDUPI. 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:36765 CP No. 291 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 the proceedings initiated by the respondent-husband in M.C. No. 222/2025 under Sections 13(1) (ia)(ib) of the Hindu Marriage Act, 1955, (‘Act’ for short) seeking dissolution of marriage, pending on the file of the Principal Senior Civil Judge, Bengaluru, to the Principal Judge, Udupi, Family Court, Udupi. 2. Heard learned counsel for the petitioner and the learned counsel for the respondent. 3. Learned counsel for the petitioner submits that the petitioner is residing at Golibettu, Muddumane Post, Shiroor. The travel distance between Shiroor to Bengaluru is around 450 kilometers and in order to reach Bengaluru petitioner has to undertake a journey involving two buses, which causes considerable hardship. It is further submitted that the petitioner has the care and custody of a - 3 - HC-KAR NC: 2025:KHC:36765 CP No. 291 of 2025 minor child, aged about 1½ years, making the travel of 450 kilometers even more difficult and inconvenient. It is contended that the request for transfer is bona fide. 4. Per contra, the learned counsel appearing for the respondent submits that the respondent-husband is ready and willing to bear the travel and incidental expenses of the petitioner for attending the proceedings at Bengaluru. It is contended that the prayer of transfer made by the wife cannot be accepted, as allowing such transfer would caused inconvenience to the respondent- husband. 5. It is a cardinal principle underlying matrimonial cases that the convenience of the wife is paramount, rather than the inconvenience that may be caused to the husband, when transfer of proceedings is sought under Section 24 of CPC. 6. In the instant case, the petitioner aged about 28 years has the care and custody of a minor child, aged - 4 - HC-KAR NC: 2025:KHC:36765 CP No. 291 of 2025 about 1½ years. The travel distance form Shiroor to Bengaluru is around 450 kilometers, which requires nearly six to seven hours of overnight journey. Such long travel, coupled with the responsibility of a young child, causes great hardship and inconvenience to the petitioner in effectively attending the proceedings at Bengaluru. 7. Merely because the respondent-husband has offered to bear the petitioner’s travel and incidental expenses cannot outweigh the hardship and inconvenience that would still be caused to her. 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. 1Civil Appeal No.4894/2022 - 5 - HC-KAR NC: 2025:KHC:36765 CP No. 291 of 2025 8. For the foregoing reasons, this Court pass the following: ORDER (i) Civil Petition is allowed. (ii) MC No. 222/2025 pending on the file of the Principal Senior Civil Judge, Bengaluru Rural, is withdrawn and transferred to the Court of Principal Judge, Family Court at Udupi. (iii) Parties to appear before the Family Court at Udupi on 27.10.2025 without waiting for further notice. Sd/- ____________________ JUSTICE K.S. HEMALEKHA CKL List No.: 1 Sl No.: 9