- 1 - HC-KAR NC: 2025:KHC:29703 CP No. 102 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF AUGUST, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA CIVIL PETITION NO. 102 OF 2025 BETWEEN: SMT SAHANA ALIAS KAVA M W/O VINAY PRASAD D/O LATE MALLIKARJUNA AGED ABOUT 26 YEARS R/AT JAKKASANDRA VILLAGE, MARALAWADI HOBLI HAROHALLI TALUK RAMANAGARA DISTRICT-562112 …PETITIONER (BY SMT. SAHANA M, ADVOCATE FOR SRI. NATARAJ BABA K.,) AND: SHRI VINAY PRASAD S/O SIDDAACHAR AGED ABOUT 30 YEARS R/A DEVARASANAHALLI HALLADAKERI VILLAGE NANJANAGUD, MYSORE DISTRICT-571302 …RESPONDENT (RESPONDENT SERVED) THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF THE CPC, 1908, PRAYING TO WITHDRAW THE MC NO.61/2024 FROM THE FILE OF THE HONBLE SENIOR CIVIL JUDGE, AND JMFC, AT NANJANAGUDU AND Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:29703 CP No. 102 of 2025 TRANSFER THE SAME OF THE COURT OF HONBLE SENIOR CIVIL JUDGE AND JMFC, AT KANAKAPURA. 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 petitioner-wife seeking to withdraw MC No.61/2024 filed by the respondent-husband, pending on the file of the Senior Civil Judge and JFMC, Nanjangudu and to transfer the same to the Senior Civil Judge and JMFC, Kanakapura. 2. Heard the learned counsel appearing for the petitioner. 3. Though notice has been issued to the respondent and the same is duly served, he remains absent. 4. The marriage between the petitioner and the respondent was solemnized on 14.05.2023 as per the customs prevailing in their community. Due to - 3 - HC-KAR NC: 2025:KHC:29703 CP No. 102 of 2025 un-cordial relationship between the parties, they are living separately for quite some time. 5. Learned counsel for the petitioner submits that the petitioner is residing at Kanakapura and the travel distance between Kanakapura to Nanajanagudu is around 140 kilometers, thereby causing inconvenience to the petitioner in attending the proceeding initiated by her husband in MC No.61/2024 at Nanjanagud. 6. The cardinal principle in matrimonial cases where the wife seeks to invoke Section 24 of CPC, is the convenience of the wife than the inconvenience caused to the husband. 7. 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 1Civil Appeal No.4894/2022 - 4 - HC-KAR NC: 2025:KHC:29703 CP No. 102 of 2025 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.” 8. In the instant case, the petitioner is residing at Kanakapura and is aged about 26 years. The travel distance from Kanakapura to Nanjangudu is around 140 kilometers, which makes it more difficult for the petitioner to travel all the way to Nanjangudu to attend the proceedings initiated by the respondent-husband. 9. For the foregoing reasons, this Court pass the following: - 5 - HC-KAR NC: 2025:KHC:29703 CP No. 102 of 2025 ORDER i. The Civil Petition is allowed. ii. MC No.61/2024, pending on the file of the Senior Civil Judge and JFMC, Nanjangud is withdrawn and transferred to the Court of the Senior Civil Judge and JMFC, Kanakapura. iii. The parties shall appear before the Senior Civil Judge and JMFC, Kanakapura on 19.08.2025, without waiting for further notice. iv. Since the respondent is not present before the Court, in the event he does not appear before the Family Court on the said date, the concerned Court to take appropriate steps/course. Sd/- _____________________ JUSTICE K.S. HEMALEKHA SMC/List No.: 1 Sl No.: 7