- 1 - HC-KAR NC: 2025:KHC:28990 CP No. 281 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JULY, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA CIVIL PETITION NO. 281 OF 2024 BETWEEN: SMT TEJASWINI P W/O. SRI. NAVEEN B.V D/O. PUTTEGAUD, AGED ABOUT 34 YEARS, RESIDING AT NO.644/5 K.P.T.C.L OFFICE, OPP. HUNSUR MAIN ROAD HOOTAGALLI, BELAVADI POST MYSORE-570 018 …PETITIONER (BY SRI. K S BHEEMAIAH.,ADVOCATE) AND: SRI NAVEEN S/O. LATE. B.H. VEEREGOWDA AGED ABOUT 44 YEARS RESIDENT OF 7TH CROSS ROAD LAKSHMI NILAYA DEVARAJ URS ROAD OPP. TO S.S.I.T COLLEGE SARASWATHIPURAM ROAD, TUMKUR - 572101 AND ALSO, AT CHOWDANA KUPPE VILLAGE HULIYURDURGA HOBLI KUNIGAL TALUK TUMAKURU DISTRICT.-572130 …RESPONDENT (NOTICE SERVED BUT UNREPRESENTED) Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:28990 CP No. 281 of 2024 THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF THE CODE OF CIVIL PROCEDURE, PRAYING THAT THIS HON’BLE COURT MAY BE PLEASED TO WITHDRAW THE PETITION IN M.C. NO. 54/2024 PENDING ON THE FILE OF THE ADDL SENIOR CIVIL JUDGE AND JMFC, AT KUNIGAL, TUMAKURU, WHICH IS PRODUCED AT ANNEXURE-C AND TRANSFER THE SAME TO THE FAMILY COURT AT MYSORE, AND TO TRY AND DISPOSE OF THE SAME IN ACCORDANCE WITH LAW AND PASS SUCH OTHER ORDER/S THAT THIS HONBLE COURT DEEMS FIT TO GRANT, IN THE FACTS AND CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL ORDER The present petition by the petitioner-wife is filed seeking to transfer M.C.No.54/2024, preferred by the respondent-husband, pending on the file of the learned Additional Senior Civil Judge and JMFC, at Kunigal, Tumakuru, to the Family Court at Mysuru. 2. Heard the learned counsel appearing for the petitioner and perused the material on record. - 3 - HC-KAR NC: 2025:KHC:28990 CP No. 281 of 2024 3. Though the respondent is served with notice on 31.08.2024, he has chosen to remain absent. 4. Learned counsel for the petitioner submits that the petitioner is residing at Mysuru and she has filed Crl.Misc.938/2024 seeking maintenance before the Family Court at Mysuru. Respondent-husband has filed M.C.54/2024 seeking dissolution of marriage which was solemnized on 27.04.2008 at Mysuru on the ground of cruelty. It is contented that, the travel distance from Mysuru to the Court at Kunigal, Tumakuru is approximately 100 Kilometers causing inconvenience for the petitioner-wife to attend the proceedings at Kunigal, Tumakuru. 5. The cardinal principle as laid down by the catena of judgments in line is that in matrimonial cases where the wife seeks to invoke Section 24 of CPC, the convenience of the wife is paramount rather than the inconvenience caused to the husband. - 4 - HC-KAR NC: 2025:KHC:28990 CP No. 281 of 2024 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.” 7. In the instant case, the petitioner-wife is residing at Mysuru, and she is aged about 34 years. The travel distance from Mysuru to Kunigal, Tumakuru is around 100 Kilometers. There is also Crl.Misc.938/2024 1 Civil Appeal No.4894/2022 - 5 - HC-KAR NC: 2025:KHC:28990 CP No. 281 of 2024 pending before the Family Court at Mysuru, and the respondent-husband has already entered appearance in Crl.Misc.938/2024. 8. In the said circumstances, the petitioner-wife has made out a ground to transfer M.C.No.54/2024 to the Family Court at Mysuru. 9. Accordingly, I pass the following: ORDER i) The Civil Petition is allowed. ii) M.C.No.54/2024, pending on the file of the learned Additional Senior Civil Judge and JMFC, at Kunigal, Tumakuru, is withdrawn and transferred to the Family Court at Mysuru. iii) Petitioner to appear before the Family Court, Mysuru, on 13.08.2025. - 6 - HC-KAR NC: 2025:KHC:28990 CP No. 281 of 2024 iv) The respondent has not tendered his appearance in the petition. In such event, notice be ordered to respondent by Family Court. v) It shall be open to the learned Principal Judge, Family Court, Mysuru, to assign the transferred case to an appropriate Court. Sd/- _____________________ JUSTICE K.S. HEMALEKHA HR List No.: 1 Sl No.: 1