- 1 - HC-KAR NC: 2025:KHC:38953 CP No. 245 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. 245 OF 2025 BETWEEN: SMT. NAMRATHA GOWDA M P, AGED ABOUT 31 YEARS, W/O. BHARATH S. GOWDA, D/O. LATE PUTTASWAMY GOWDA, R/AT. NO.65, 'KANASU NILAYA', GANGA MARGA, S.D. JAYARAM LAYOUT, ALANAHALLI, DEVEGOWDA CIRCLE, MYSURU-570 026. …PETITIONER (BY SRI. ANANTHA NARAYANA B N.,ADVOCATE) AND: BHARATH S GOWDA, AGED 33 YEARS, S/O. L.D. SANJAY, R/AT. NO.169, 'SAMBHRAMA NILAYA', KRISHNANAGAR 2ND STAGE, PANDAVAPURA TOWN, MANDYA DISTRICT-571 434. …RESPONDENT Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:38953 CP No. 245 of 2025 (BY SRI. MANJUNATHA L K., ADVOCATE) THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF THE CIVIL PROCEDURE CODE, 1908 PRAYING TO THE MC CASE NO. 72/2023 NOW PENDING BEFORE THE SENIOR CIVIL JUDGE AND JMFC, PANDAVAPURA BE ORDERED TO BE TRANSFERRED TO THE II ADDITIONAL PRINCIPAL JUDE, FAMILY COURT, AT MYSURU BY ALLOWING THE ABOVE CP WITH COSTS, IN THE INTEREST OF JUSTICE AND EQUITY. 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.72/2023, pending on the file of the Senior Civil Judge and J.M.F.C., Pandavapura, initiated by the respondent-husband seeking dissolution of marriage under Section 13(1)(ia) of the Hindu Marriage Act, 1955 (for short 'the Act'), and transfer the same to the II Additional Principal Judge, Family Court at Mysuru, where the petitioner has instituted MC.No.1054/2024 seeking restitution of conjugal rights, is pending adjudication. - 3 - HC-KAR NC: 2025:KHC:38953 CP No. 245 of 2025 2. Heard learned counsel appearing for the petitioner and the learned counsel appearing for the respondent. 3. The marriage between the petitioner and the respondent was solemnized on 13.09.2021 as per the customs prevailing in their community. Due to an un-cordial relationship between them, they have been residing separately for quite some time. 4. Learned counsel for the petitioner submits that the petitioner is residing at her parental home in Mysuru and she has already instituted MC.No1054/2024 under Section 9 of the Act seeking restitution of conjugal rights, which is pending before the II Additional Principal Judge, Family Court at Mysuru. The respondent though is employed at Bengaluru, has instituted the petition at Pandavapura with an intent to harass the petitioner. It is submitted that though the travel distance between Mysuru and Pandavapura is only around 22 Kms, the petitioner - 4 - HC-KAR NC: 2025:KHC:38953 CP No. 245 of 2025 apprehends danger to her life at Pandavapura. Having regard to convenience and safety, the Family Court at Mysuru is more convenient. 5. Per contra, the learned counsel for the respondent submits that the petitioner has not made out any bonafide ground for transfer, as the distance of 22 kms from Mysuru does not cause substantial hardship. 6. Considering the rival submissions, it is a settled principle that in matrimonial cases, when the wife seeks transfer invoking Section 24 of the Code of Civil Procedure, 1908, the paramount consideration is her convenience rather than the inconvenience that may be caused to the respondent-husband. 7. Since the petitioner has already instituted MC.No.1054/2024, before the II Additional Principal Judge, Family Court at Mysuru, parallel proceedings before two different Courts may lead to conflicting decisions. The petitioner resides in Mysuru and she has shown reasonable - 5 - HC-KAR NC: 2025:KHC:38953 CP No. 245 of 2025 grounds for transfer. Hence, this Court is of the opinion the CP warrants acceptance and this Court pass the following: ORDER i. The Civil Petition is allowed. ii. MC.No.72/2023 pending on the file of the Senior Civil Judge and J.M.F.C., Pandavapura is withdrawn and transferred to the II Additional Principal Judge, Family Court at Mysuru to be heard along with MC.No.1054/2024. iii. MC.No.1054/2024 is listed on 08.10.2025. The parties shall appear before the II Additional Principal Judge, Family Court at Mysuru on 08.10.2025 without waiting for further notice. - 6 - HC-KAR NC: 2025:KHC:38953 CP No. 245 of 2025 iv. The Registry of the Senior Civil Judge and J.M.F.C., Pandavapura is directed to remit the papers forthwith. Sd/- _____________________ JUSTICE K.S. HEMALEKHA PHM List No.: 2 Sl No.: 3