- 1 - HC-KAR NC: 2025:KHC:32100 CP No. 111 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. 111 OF 2025 BETWEEN: SMT. PRIYANK M K W/O ANUP W.S AGED ABOUT 33 YEARS RESIDING AT NO. 276, SHIVAGIRINILAYA, 17TH CROSS, VINAYAKANAGARA, MANDYA DISTRICT, MANDYA - 571 401. …PETITIONER (BY SRI. KASHINATH J.D, ADVOCATE) AND: SRI. ANUP W S S/O WAGHMORE SHIVAMURTHY AGED ABOUT 34 YEARS, RESIDING AT NO. 149, SECOND FLOOR, NEAR NEHRU MEMORIAL SCHOOL, 5TH CROSS, RAJU LAYOUT, NAGADEVANAHALLI, BENGALURU, KARNATAKA - 560 056. …RESPONDENT (NOTICE TO RESPONDENT SERVED AND UNREPRESENTED) THIS CIVIL PETITION FILED UNDER SEC. 24 OF THE CIVIL PROCEDURE CODE 1908 PRAYING TO TRANSFER THE CASE IN MC NO.1742/2023 PENDING ON THE FILE OF II Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:32100 CP No. 111 of 2025 ADDITIONAL PRL. JUDGE, FAMILY COURT, BENGALURU TO THE JURISDICTIONAL FAMILY COURT, MANDYA TO MEET 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.1742/2023 filed by the respondent- husband seeking for the relief of dissolution of marriage under Section 13(1)(IA) of the Hindu Marriage Act, 1955, pending on the file of the II Additional Principal Judge, Family Court, Bengaluru, to the jurisdictional Family Court, Mandya. 2. Heard the learned counsel appearing for the petitioner. Though the respondent is served with notice, he has chosen to remain absent. There is no appearance on behalf of the respondent. - 3 - HC-KAR NC: 2025:KHC:32100 CP No. 111 of 2025 3. Petitioner and respondent were married on 30.10.2022 as per the customs prevailing in their community. Due to un-cordial relationship, they are residing separately for quite some time. 4. Learned counsel for the petitioner submits that petitioner has filed a petition under Section 9 of the Hindu Marriage Act, 1955 in M.C.No.98/2023 before the Principal Senior Civil Judge & CJM, Mandya, seeking restitution of conjugal rights and also initiated Crl.Misc.No.171/2023 under Section 125 of Cr.P.C. seeking maintenance before the Judicial Magistrate, First Class at Mandya. It is submission of the learned counsel for the petitioner that petitioner is pursuing her PHD in JSS Medical college, Mysore, since 2021 and presently resides with her widowed mother at Mandya. The travel distance between Mysore and Mandya is around 45 kms, which she regularly travels for her academic commitments. The distance from Mysore to Bengaluru is around 150 kms, and from Mandya to Bengaluru is around - 4 - HC-KAR NC: 2025:KHC:32100 CP No. 111 of 2025 100 kms, making it difficult to the petitioner to attend the proceedings initiated by her husband at Bangalore. 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. In the instant case, the husband has not appeared. The petitioner is able to substantiate that travel from Mandya to Bangalore is more than 100 kms. causing hardship and inconvenience to the petitioner. 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 1 Civil Appeal No.4894/2022 - 5 - HC-KAR NC: 2025:KHC:32100 CP No. 111 of 2025 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. The petitioner is pursuing her PHD at JSS Medical College, Mysore, and presently resides with her widowed mother at Mandya. She has already instituted proceedings under Section 125 of Cr.P.C. before the Mandya Court. The distance between Mysore and Mandya is about 45 kms, while from Mysore to Bengaluru it is around 150 kms, and from Mandya to Bengaluru approximately 100 kms. Considering her academic commitments and dependant circumstance, it would cause great hardship and inconvenience for the petitioner to undertake repeated long distance travel to Bengaluru. - 6 - HC-KAR NC: 2025:KHC:32100 CP No. 111 of 2025 8. For the foregoing reasons, this Court pass the following: ORDER i. The Civil Petition is allowed. ii. M.C.No.1742/2023 pending on the file of II Additional Principal Judge, Family Court, Bengaluru is withdrawn and transferred to the jurisdictional Family Court at Mandya. iii. The petitioner shall appear before the Family Court, Mandya, on 01.09.2025 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 Family Court, Mandya, the concerned Court shall take appropriate steps/course. Sd/- _____________________ JUSTICE K.S. HEMALEKHA YN/ List No.: 1 Sl No.: 2 CT: BHK