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2025 DAILYLAW 69781 (KAR)

MRS. SHRAVANI R v. SRI. SHYAM PRASAD RATNAL

CP/221/2024 · 2025-09-04

K S Hemalekha

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:34736 CP No. 221 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA CIVIL PETITION NO. 221 OF 2024 BETWEEN: MRS. SHRAVANI R, D/O MR RAGHURAMUDU R, AGED ABOUT: 29 YEARS, R/O: R, 107, 1ST FLOOR, HIMALAYAN ENCLAVE, THAMBU CHETTY PALYA MAIN ROAD, OPP SQUARE APARTMENT, BYAPPANAHALLI, BIDARAHALLI, BENGALURU, KARNATAKA 560 036. …PETITIONER (BY SMT. SONIA RAJESH.,ADVOCATE) AND: SRI. SHYAM PRASAD RATNAL, AGED ABOUT: 34 YEARS, S/O: RAMANJANEYULU, R/AT HOUSE NO 4B, WARD NO 17, SIDDIKI COLONY, BALLARI, KARNATAKA 583 101. …RESPONDENT (BY SRI. P SATISH.,ADVOCATE) THIS CP IS FILED UNDER SEC.24 OF THE CODE OF CIVIL PROCEDURE PRAYING TO TRANSFER THE PROCEEDINGS IN THE M.C. NO. 101/2024 PENDING BEFORE THE HONBLE PRINCIPAL JUDGE, FAMILY COURT, Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:34736 CP No. 221 of 2024 BALLARI, AND TRANSFER THE PETITION TO THE PRINCIPAL JUDGE, FAMILY COURT AT BENGALURU. 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 and transfer M.C.No.101/2024 pending on the file of the Principal Judge, Family Court, Ballari to the Principal Judge, Family Court, Bengaluru. 2. Heard learned counsel appearing for the petitioner. The respondent is represented by the counsel however, there is no representation. 3. The marriage between the petitioner and the respondent was solemnized on 30.10.2020 as per the customs prevailing in their community and they are blessed with a child, who is now aged about 1.8 years. Due to un-cordial relationship between them, they are residing separately for quite some. - 3 - HC-KAR NC: 2025:KHC:34736 CP No. 221 of 2024 4. The learned counsel appearing for the petitioner submits that the petitioner has filed case under Section 12 r/w Sections 18, 19, 20, 21 and 22 of the Protection of Women from Domestic Violence Act, 2005 in Crl.Misc.No.34/2024, which is pending before the MMTC-1, Mayo Hall, Bengaluru. She is residing at Bengaluru along with her minor son aged about 1.8 years. It is further submitted that the respondent has initiated proceedings seeking restitution of conjugal rights at Ballari. The distance between Bengaluru and Ballari is approximately 624 kms (to & fro) and compelling the petitioner, a young mother aged about 29 years to undertake such a long travel would cause her great hardship and inconvenience. 5. The Apex Court in the case of N.C.V. Aishwarya Vs. A.S.Saravana Karthik Sha1(Aishwarya) has held that the ends of justice should demand the transfer and, given the prevailing socioeconomic paradigm, generally the wife's convenience 1Civil Appeal No.4894/2022 - 4 - HC-KAR NC: 2025:KHC:34736 CP No. 221 of 2024 must be looked at while considering a transfer under Section 24 of CPC, in matrimonial matters Courts must weigh the economic and social circumstances of the parties. Thus, the cardinal principle is the convenience of the wife than the inconvenience caused to the husband. 6. Since petitioner is already residing and litigating at Bengaluru and considering that she has the responsibility of her infant son, who is aged about 1.8 years, the travel distance from Bengaluru to Ballari is around 624 kms both way, causes her great inconvenience and hence transfer is warranted to secure her convenience and to avoid multiplicity of proceedings. 7. For the foregoing reasons, this Court pass the following: ORDER i) The Civil Petition is allowed. ii) MC.No.101/2024 pending on the file of Principal Judge, Family Court, - 5 - HC-KAR NC: 2025:KHC:34736 CP No. 221 of 2024 Ballari is withdrawn and transferred to the Principal Judge, Family Court at Bengaluru. iii) The parties shall appear before the Principal Judge, Family Court, Bengaluru on 17.09.2025 without waiting for further notice. iv) The Principal Judge, Family Court, Bengaluru to assign the transferred case to appropriate Court. Sd/- _____________________ JUSTICE K.S. HEMALEKHA PHM List No.: 1 Sl No.: 1