- 1 - HC-KAR NC: 2025:KHC:32092 CP No. 192 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA CIVIL PETITION NO.192 OF 2025 BETWEEN: SMT. GEETHA S. @ PRABHAVATHI D/O SRI SANNA RANGAPPA, W/O SRI SHIVA KUMAR B.N., C/O SRI SANNA RANGAPPA, RETIRED ASI KSRP, AGED ABOUT 37 YEARS, R/AT 3RD CROSS, DEVARAJ URS LAYOUT, CHIKKAMANNI, NETTAVALLI ROAD, DAVANAGERE-577005. …PETITIONER (BY SRI SIDDARAMAIAH V.B., ADVOCATE) AND: SRI SHIVAKUMAR B.N. S/O SRI MANJUNATH, AGED ABOUT 37 YEARS, R/AT NO.212, INFRONT OF HIGH SCHOOL, MUDAGADUR VILLAGE, MANDYA TALUK & DISTRICT-571416. …RESPONDENT (NOTICE TO RESPONDENT SERVED & UNREPRESENTED) THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF THE CIVIL PROCEDURE CODE, 1908 PRAYING TO WITHDRAW THE CASE BEARING MC NO.188/2024, FILED BY THE RESPONDENT UNDER SEC.9 OF HINDU MARRIAGE ACT, FILED FOR RESTITUTION OF CONJUGAL RIGHTS, PENDING ON THE FILE OF THE COURT OF PRINCIPAL SENIOR CIVIL JUDGE AND CJM, AT MANDYA, TO THE FAMILY COURT AT DAVANAHERE, IN THE INTEREST OF JUSTICE AND EQUITY. Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:32092 CP No. 192 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 petitioner-wife seeking to withdraw MC No.188/2024 filed by the respondent-husband under Section 9 of the Hindu Marriage Act, 1955 for restitution of conjugal rights, pending on the file of the Principal Senior Civil Judge and CJM, Mandya and to transfer the same to the Family Court at Davanagere. 2. Heard learned counsel appearing for the petitioner. Though the respondent is duly served with notice on 27.05.2025, he has chosen to remain absent. 3. The marriage between the petitioner and the respondent was solemnized on 12.02.2016 as per the customs prevailing in their community at Bhadravathi, Shivamogga. The couple are blessed with a child, whose - 3 - HC-KAR NC: 2025:KHC:32092 CP No. 192 of 2025 age is 8 years, who is under the care and custody of the petitioner-wife. 4. Learned counsel for the petitioner submits that the petitioner is residing at Davanagere and has to take care of the minor child, who is aged about 8 years. It is submitted that the petitioner also initiated Crl. Misc. No.60/2025 seeking maintenance and Crl. Misc. No.882/2025 under Section 12 of the Protection of Women from Domestic Violence Act, 2005 and the same are pending before Davanagere Courts. It is submitted that the travel distance between Davanagere and Mandya approximately is 305 kms one way, causing undue hardship and inconvenience to the petitioner in attending the proceedings initiated by the respondent at Mandya. 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 1Civil Appeal No.4894/2022 - 4 - HC-KAR NC: 2025:KHC:32092 CP No. 192 of 2025 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. In the instant case, the petitioner is residing at Davanagere with her minor child aged about 8 years. She has also initiated proceedings before the Family Court and CJM, Davanagere, seeking maintenance. The travel distance being more than 305 km approximately causes inconvenience to the petitioner to attend the proceedings initiated by the respondent-husband at Mandya. In the said circumstances, the petition filed by the petitioner-wife needs to be allowed. 6. For the foregoing reasons, this Court pass the following: - 5 - HC-KAR NC: 2025:KHC:32092 CP No. 192 of 2025 ORDER i. The Civil Petition is allowed. ii. MC No.188/2024, pending on the file of the Principal Senior Civil Judge and CJM, Mandya is withdrawn and transferred to the Family Court at Davanagere. iii. The petitioner shall appear before the Family Court at Davanagere, on 03.09.2025 without waiting for further notice. iv. Since the respondent is not present before this Court, in the event he does not appear before the Family Court on the said date, the concerned Court to take appropriate steps/course. Sd/- _____________________ JUSTICE K.S. HEMALEKHA MBM List No.: 1 Sl No.: 5cvc