- 1 - HC-KAR NC: 2025:KHC:29525 CP No. 220 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JULY, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA CIVIL PETITION NO. 220 OF 2024 BETWEEN: 1. SMT. KAVYA P W/O PRASHANTH G D/O PRAKASH B AGED ABOUT 24 YEARS RESIDING AT NO. 170 JAKKUR LAYOUT 3RD CROSS, JAKKUR POST BENGALURU 560 064. ALSO AT, NO 14/3, SAPTHAGIRI NILAYA 1ST MAIN, 5TH CROSS MUNESHWARA TEMPLE ROAD AMRUTHAHALLI BENGALURU 560 092 …PETITIONER (BY SRI. VIDYASAGAR R.,ADVOCATE) AND: 1. SHRI PRASHANTH G S/O GOKULAKRISHNA AGED ABOUT 32 YEARS RESIDING AT NO 102 6TH WARD Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:29525 CP No. 220 of 2024 JAI BHEEM NAGAR CHICKBALLAPUR TOWN CHIKKABALLAPUR 562 101. …RESPONDENT (BY SRI. MANJUNATHA A C.,ADVOCATE) THIS CIVIL PETITION IS FILED UNDER SEC. 24 OF THE CODE CIVIL PROCEDURE PRAYING TO ALLOW THIS CIVIL PETITION A TO TRANSFER M.C. NO. 105/2023 FROM THE LEARNED PRINCIPAL JUDGE FAMILY COURT AT CHIKKABALLAPUR TO THE 1ST ADDITIONAL FAMILY COURT, BENGALURU, B PASS SUCH OTHER APPROPRIATE ORDER/S AS DEEMED FIT TO PASS UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE WITH COSTS, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS, 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 transfer of M.C.No.105/2023 filed by the respondent-husband, pending on the file of the Principal Family Judge, Chikkaballapur to the I Additional Principal Judge, Family Court, Bengaluru, wherein - 3 - HC-KAR NC: 2025:KHC:29525 CP No. 220 of 2024 M.C.No.5884/2023 filed by the petitioner for divorce is pending. 2. Heard Sri. Vidyasagar R., learned counsel appearing for the petitioner and Sri. Manjunatha A.C., learned counsel appearing for the respondent and perused the material on record. 3. The marriage of the petitioner and respondent was solemnized on 10.11.2021. Due to uncordial relationship between the petitioner and the respondent, they are staying separately for quite sometime. 4. The petitioner-wife has filed M.C.No.5884/2023 before the I Additional Principal Judge, Family Court, Bengaluru, seeking dissolution of marriage. The respondent-husband has filed MC No.105/2023 seeking restitution of conjugal Rights before the Principal Family Judge, Chikkaballapur. 5. The learned counsel appearing for the petitioner submits the petitioner is residing in Bengaluru along with - 4 - HC-KAR NC: 2025:KHC:29525 CP No. 220 of 2024 the child, who is aged about three years and this being so, the petitioner is put to great inconvenience to travel all the way to Chickkaballapur to attend the proceedings initiated by her husband. 6. In similar circumstances, the Apex Court in the case of N.C.V. Aishwarya Vs. A.S.Saravana Karthik Sha1 has held at para Nos.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 1 Civil Appeal No.4894/2022 - 5 - HC-KAR NC: 2025:KHC:29525 CP No. 220 of 2024 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 cardinal principle in matrimonial cases where the wife seeks to invoke Section 24 of the Code of Civil Procedure, is that the convenience of the wife is to be the paramount concern than the inconvenience that could be caused to the husband. 8. Considering that the petitioner-wife is residing in Bengaluru along with her minor child aged about 3 years, the requirement to travel a distance of 60 kilometers to Chikkaballapur to attend the proceedings initiated by the respondent-husband causes inconvenience to her. 9. For the foregoing reasons, this Court pass the following: - 6 - HC-KAR NC: 2025:KHC:29525 CP No. 220 of 2024 ORDER i. The Civil Petition is allowed. ii. M.C.No.105/2023 pending on the file of the Principal Judge, Family Court, Chikkaballapur is withdrawn and transferred to the I Additional Principal Judge, Family Court, Bengaluru, to be tried along with M.C.No.5884/2023. iii. Since M.C.No.5884/2023 is listed on 22.08.2025, the parties shall appear before the I Additional Principal Judge, Family Court, Bengaluru, on the said date, without waiting for further notice. Sd/- _____________________ JUSTICE K.S. HEMALEKHA SMC/List No.: 1 Sl No.: 24