- 1 - HC-KAR NC: 2025:KHC:37046 CP No. 276 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA CIVIL PETITION NO. 276 OF 2025 BETWEEN: SMT. NAMYA M P WIFE OF DR.VINAY.V AGED ABOUT 27 YEARS, RESIDING AT: BEHIND VETERINARY HOSPITAL SUBHASH NAGAR, KADUR TOWN, KADUR TALUK, CHIKKAMAGALURU DISTRICT-577 548. …PETITIONER (BY SRI. SADASHIVA C..,ADVOCATE) AND: DR VINAY V SON OF SHRI. VEERABHADRAIAH.S, AGED ABOUT 31 YEARS, OCCUPATION GOVERNMENT DOCTOR RESIDING AT PHC, KATTINAMANE, N.R.PURA (NARASIMHARAJAPURA) TALUK, CHIKKAMAGALURU DISTRICT - 577 134. …RESPONDENT (BY SRI. SRIKANTH PATIL K.,ADVOCATE) THIS CIVIL PETITION IS FILED UNDER SEC. 24 OF THE CIVIL PROCEDURE CODE. 1908 PRAYING PASS ORDER TRANSFERRING MC PETITION NO.460/2024 WHICH IS FILED Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:37046 CP No. 276 of 2025 BY THE RESPONDENT BEFORE THE FAMILY COURT AT DAVANAGERE BY WITHDRAW THE CASE AND TRANSFER IT TO THE COURT AT SENIOR CIVIL JUDGE AND JMFC, KADUR, WHERE THE MC. NO.12/2025 IS PENDING HEARING FILED BY THE PETITIONER FOR SEEKING RESTITUTION OF CONJUGAL RIGHTS. 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 to withdraw M.C.No.460/2024, instituted by the respondent- husband for a decree of divorce which is pending on the file of Family Court, Davanagere and transfer the same to the Senior Civil Judge and JMFC, Kadur, where M.C. No.12/2025 instituted by the petitioner seeking restitution of conjugal rights is pending adjudication. 2. Heard learned counsel appearing for the petitioner and learned counsel appearing for the respondent. 3. Learned counsel for the petitioner submits that the petitioner is presently residing with her parents at Kadur town, Chikkamagaluru District. Though, she is a qualified - 3 - HC-KAR NC: 2025:KHC:37046 CP No. 276 of 2025 doctor, however, she is not fully employed at present. The respondent, who is a doctor by profession, is serving in a Government hospital, at PHC, Kattinamane, N.R. Pura (Narasimharajapura) Taluk, Chikkamagaluru District. It is submitted that the travel distance from Kadur town, where the petitioner is residing to Davanagere is around 120 kilometres, whereas the respondent who is residing at Kattinamane, N.R. Pura Taluk, Chikkamagaluru District is required to travel is about 142 kilometres to Davanagere, while distance from Kadur to N.R. Pura is only 90 kilometres. In such circumstances, if the convenience is to be consideration, the balance of convenience lies in favour of transferring the case to Kadur, as it would cause comparatively less hardship to both parties and would also enable joint adjudication of the pending proceedings. 4. Per contra, learned counsel for the respondent submits that the respondent is a doctor by profession and is presently serving in a Government hospital at PHC, Kattinamane, N.R. Pura Taluk, Chikkamagaluru District. It - 4 - HC-KAR NC: 2025:KHC:37046 CP No. 276 of 2025 is urged that in the event the matter is transferred to Kadur, as sought by the petitioner, the respondent would be put to untold hardship and inconvenience, as it would seriously affect his professional commitment and public duty. 5. This Court has carefully considered the rival submissions of both parties and perused the material on record. 6. The marriage between the petitioner and respondent was solemnized on 20.11.2023 as per the customs prevailing in their community. The respondent- husband has instituted M.C.No.460/2024, seeking dissolution of marriage before the Family Court, Davanagere, while the petitioner-wife has filed M.C. No.12/2025 against the respondent before the Senior Civil Judge and JMFC, Kadur, seeking restitution of conjugal rights. - 5 - HC-KAR NC: 2025:KHC:37046 CP No. 276 of 2025 7. It is not in dispute that the petitioner is residing at Kadur and the respondent-husband is residing at N.R. Pura, Chikkamagaluru District. The distance between N.R. Pura and Davanagere is about 142 kilometres, whereas the distance between N.R. Pura and Kadur is only about 90 kilometres. Therefore, on a comparative assessment of convenience, it would be less burdensome for the respondent to attend the proceedings at Kadur than at Davanagere. Moreover, M.C. No.12/2025 filed by the petitioner-wife is already pending before the Senior Civil Judge and JMFC, Kadur, the transfer of M.C.No.460/2024 to the same Court would enable both matters to be taken up together on the same day, thereby avoiding multiplicity of proceedings and conflicting decisions, while also minimizing inconvenience to both parties. 8. In matrimonial cases, while the cardinal principle in that the convenience of the wife is to be accorded paramount importance, this Court cannot be unmindful of the comparative hardship of the husband as - 6 - HC-KAR NC: 2025:KHC:37046 CP No. 276 of 2025 well. In the present case, balance of convenience reveals that transfer of M.C.No.460/2024 from the Family Court at Davanagere to the Court of the Senior Civil Judge and JMFC, Kadur would not only serve the convenience of the petitioner-wife but also ease the burden on the respondent, since the distance from his place of residence at N.R. Pura to Kadur is shorter than the distance to Davanagere. Further more, M.C. No.12/2025 instituted by the petitioner-wife is pending before the Court at Kadur, both matters before the same Court will facilitate effective adjudication, avoid conflicting decisions and save both parties from unnecessary complications. 9. For the foregoing reasons, this Court pass the following: ORDER i. The Civil Petition is allowed. ii. M.C.No.460/2024 pending on the file of the Family Court, Davanagere is withdrawn and transferred to the Senior Civil Judge and - 7 - HC-KAR NC: 2025:KHC:37046 CP No. 276 of 2025 JMFC, Kadur, where M.C. No.12/2025 is pending adjudication. iii. The parties shall appear before the Senior Civil Judge and JMFC, Kadur on 26.09.2025 without waiting for further notice. iv. Both the petitions, M.C.No.460/2024 as well as M.C. No.12/2025 to be heard together. Sd/- ____________________ JUSTICE K.S. HEMALEKHA RL List No.: 1 Sl No.: 11