- 1 - HC-KAR NC: 2025:KHC:37982 CP No. 390 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA CIVIL PETITION NO.390 OF 2024 BETWEEN: SMT. SHAKUNTHALA .S W/O ADESH RAVI SHETTY, D/O SHIVAPPA ALVA, AGED ABOUT 49 YEARS, R/AT NO.1116, MOKSHA MARGA, SIDDARTHA NAGAR, MYSORE-570011. …PETITIONER (BY SRI JAGADEESH H.T., ADVOCATE) AND: SRI ADESH RAVI SHETTY S/O RAVI SHETTY, AGED ABOUT 40 YEARS, R/AT MARAKAJALU HOUSE, KOLAKE, IRVATHUR, KARKALA, UDUPI DISTRICT-574104. …RESPONDENT (NOTICE TO RESPONDENT IS SERVED AND UNREPRESENTED) THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF THE CODE OF CIVIL PROCEDURE PRAYING THAT THIS HON’BLE COURT MAY BE PLEASED TO PASS APPROPRIATE ORDER/S DIRECTION/S TO TRANSFER M.C.NO.14/2024 PENDING ON THE FILE OF SENIOR CIVIL JUDGE AND ACJM AT KARKALA TO THE COURT OF HON’BLE PRINCIPAL JUDGE FAMILY COURT AT MYSORE. THIS PETITION COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:37982 CP No. 390 of 2024 ORAL ORDER The present petition is filed by the wife seeking to withdraw and transfer M.C.No.14/2024, instituted by the respondent-husband seeking dissolution of marriage by invoking provisions under Section 13(1)(ia) and (ib) of the Hindu Marriage Act, 1955 (‘Act’ for short), pending on the file of the Court of the Senior Civil Judge and ACJM, Karkala to the Principal Judge, Family Court, Mysuru where M.C.No.548/2024 is pending adjudication. 2. Heard the learned counsel for the petitioner. Though the respondent was served with notice on 25.07.2025, he has chosen to remain absent. There is no representation. 3. The marriage between the petitioner and respondent was solemnized on 29.05.2019, as per the customs prevailing in their community. Due to un-cordial relationship the parties are residing separately for quite some time. - 3 - HC-KAR NC: 2025:KHC:37982 CP No. 390 of 2024 4. Learned counsel for the petitioner submits that the petitioner is residing at Mysuru and has already instituted M.C.No.548/2024 before the Principal Judge, Family Court, Mysuru, seeking restitution of conjugal rights. The travel distance between Mysuru and Karkala is approximately 270 kilometers one way, which takes overnight journey and such long travel would cause undue hardship and great inconvenience to the petitioner in attending the proceedings instituted by the respondent- husband at Karkala. 5. It is a cardinal principle underlying matrimonial matters that, when the wife seeks transfer of proceedings by invoking the provisions of Section 24 of CPC, the paramount consideration is the convenience of the wife, rather than the inconvenience that may be caused to the husband. In the instant case, the petitioner, aged about 49 years, has already instituted proceedings in M.C.No.548/2024 before the Principal Judge, Family Court, Mysuru and compelling her undertake an overnight journey of 270 kilometers each way to Karkala would undoubtedly cause undue hardship. - 4 - HC-KAR NC: 2025:KHC:37982 CP No. 390 of 2024 Further, retaining proceedings at two different places would also give rise to the risk of conflicting decisions. Hence, the transfer of the husband’s petition to Mysuru would sub serve the ends of justice. 6. 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. 7. For the foregoing reasons, the civil petition warrants acceptance and this Court pass the following: ORDER i. The Civil Petition is allowed. 1Civil Appeal No.4894/2022 - 5 - HC-KAR NC: 2025:KHC:37982 CP No. 390 of 2024 ii. M.C.No.14/2024 pending on the file of the Court of the Senior Civil Judge and ACJM, Karkala is withdrawn and transferred to the Principal Judge, Family Court, Mysuru and to be tried along with M.C.No.548/2024. iii. M.C. No.548/2024 is listed on 06.11.2025. The parties shall appear before the Principal Judge, Family Court, Mysuru on 06.11.2025 without waiting for further notice. iv. The Registry of the Court of the Senior Civil Judge and ACJM, Karkala shall forthwith transmit the entire records in M.C.No.14/2024 to the Principal Judge, Family Court, Mysuru. Sd/- _____________________ JUSTICE K.S. HEMALEKHA AT List No.: 1 Sl No.: 2