- 1 - HC-KAR NC: 2025:KHC:31214 CP No. 142 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA CIVIL PETITION NO. 142 OF 2025 BETWEEN: SMT. NAGASHREE W/O DILEEP R D/O UMESH CHANDRA, AGED ABOUT 22 YEARS, R/AT GOVINDAPURA, PAP-HOUSE ROAD, TIPTUR TOWN, TUMKUR DISTRICT - 272 201. …PETITIONER (BY SRI. MANU SHANKAR S.S, ADVOCATE) AND: SRI. DILEEP R S/O REVANASIDDAIAH, AGED ABOUT 31 YEARS, R/AT GORUR VILLAGE, SOLUR HOBLI, MAGADI TALUK, RAMANAGARA DISTRICT - 562 120. …RESPONDENT (NOTICE TO RESPONDENT SERVED AND UNREPRESENTED) THIS CIVIL PETITION IS FILED UNDER SEC. 24 OF THE CIVIL PROCEDURE CODE. 1908 PRAYING TO TRANSFER THE MC NO.23/2024 (ANNEXURE - F) PENDING ON THE FILE OF PRINCIPAL SENIOR CIVIL JUDGE AND JMFC, AT MAGADI Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:31214 CP No. 142 of 2025 (RAMANAGARA DISTRICT) TO SENIOR CIVIL JUDGE AND JMFC, AT TIPTUR (TUMKURU DISTRICT) AND GRANT SUCH OTHER RELIEF OR RELIEFS AS THIS HONBLE COURT DEEMS FIT UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE, 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 wife seeking for transfer of MC No.23/2024 filed by the respondent- husband seeking restitution of conjugal rights pending on the file of the Principal Senior Civil Judge & JMFC at Magadi (Ramanagara District) to the Court of Senior Civil Judge and JMFC at Tiptur (Tumkur District), where Crl.Misc.No.22/2024 is filed by the petitioner under Section 12 of the Protection of Women from Domestic Violence Act, 2005. 2. Heard the learned counsel appearing for the petitioner. Though the respondent is served with notice, - 3 - HC-KAR NC: 2025:KHC:31214 CP No. 142 of 2025 he has chosen to remain absent. There is no appearance on behalf of the respondent. 3. Petitioner and respondent were married on 31.05.2021 as per the customs prevailing in their community. Due to uncordial relationship, they are residing separately for quite some time. 4. Learned counsel for the petitioner submits that petitioner is residing at Tiptur and the distance between Tiptur and Magadi where respondent-husband has initiated M.C.No.23/2024 is more than 150 kms. making it very difficult to the petitioner to travel around 300 kms. in a single day to attend the proceedings initiated by the respondent-husband. 5. The cardinal principle in matrimonial cases where the wife seeks to invoke Section 24 of CPC, the convenience of the wife would be a paramount consideration than the inconvenience caused to the husband. - 4 - HC-KAR NC: 2025:KHC:31214 CP No. 142 of 2025 6. In similar circumstances, the Apex Court in the case of N.C.V. Aishwarya Vs. A.S.Saravana Karthik Sha1 (Aishwarya) has held at para No.9 which reads as under: “9. The cardinal principle for exercise of power under Section 24 of the Code of Civil Procedure is that the ends of justice should demand the transfer of the suit, appeal or other proceeding. In matrimonial matters, wherever Courts are called upon to consider the plea of transfer, the Courts have to take into consideration the economic soundness of both the parties, the social strata of the spouses and their behavioural pattern, their standard of life prior to the marriage and subsequent thereto and the circumstances of both the parties in eking out their livelihood and under whose protective umbrella they are seeking their sustenance to life. Given the prevailing socio-economic paradigm in the Indian society, generally, it is the wife’s convenience which must be looked at while considering transfer.” 1 Civil Appeal No.4894/2022 - 5 - HC-KAR NC: 2025:KHC:31214 CP No. 142 of 2025 7. The distance between Tiptur and Magadi is more than 150 Kms. causing inconvenience to the petitioner and in these circumstances, the civil petition warrants to be allowed and this court passes the following order: 8. For the foregoing reasons, this Court pass the following: ORDER i. The Civil Petition is allowed. ii. M.C.No.23/2024 pending on the file of Principal Senior Civil Judge and JMFC at Magadi (Ramanagara District), is withdrawn and transferred to the court of Senior Civil Judge and JMFC at Tiptur (Tumkur District). iii. The parties shall appear before the court of Senior Civil Judge and JMFC at Tiptur (Tumkur District), on 29.08.2025 without waiting for further notice. iv. Since the respondent has not appeared in this matter and in the event he is not appearing before the Court, the Senior - 6 - HC-KAR NC: 2025:KHC:31214 CP No. 142 of 2025 Civil Judge and JMFC at Tiptur (Tumkur District, shall take appropriate steps/course. Sd/- _____________________ JUSTICE K.S. HEMALEKHA YN List No.: 1 Sl No.: 1 CT: BHK