- 1 - HC-KAR NC: 2025:KHC:36192 CP No. 33 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA CIVIL PETITION NO. 33 OF 2025 BETWEEN: SMT NAMITHA N C W/O Y.T. YOGESH, AGED ABOUT 59 YEARS, HOUSE WIFE, R/O SWEETI ETHICS P.G, 5TH CROSS, TANK MOHALLA, SHIVAMOGGA, SHIVAMOGGA DISTRICTPIN-577201 AT PRESENT R/AT, PUJA CENTRAL, TF 302, 3RD FLOOR, 2ND CROSS, BSK 2ND STAGE, BANGALORE-560070 …PETITIONER (BY SRI. RAVIKUMAR N R.,ADVOCATE) AND: 1. SRI Y T YOGESH S/O THAMMAIAHGOWDA, AGED ABOUT 63 YEARS, AGRICULTURIST, R/O ARAMANE THOTA, Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:36192 CP No. 33 of 2025 KAMMARADI POST, THIRTHAHALLI TALUK, SHIVAMOGGA DISTRICT. PIN NO.577125 …RESPONDENT (BY SRI. PRUTHVI WODEYAR.,ADVOCATE) THIS CIVIL PETITION IS FILED UNDER SEC.24 OF THE CIVIL PROCEDURE CODE, 1908 PRAYING TO TRANSFER M.C. NO. 191/2024 PENDING ON THE FILE OF PRINCIPAL JUDGE, FAMIILY COURT AT SHIVAMOGGA TO THE PRINCIPAL JUDGE, FAMILY COURT, BANGALORE, IN 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 to withdraw and transfer M.C.No.191/2024 instituted by the respondent - husband for dissolution of marriage, pending on the file of the Principal Judge, Family Court, Shivamogga, to the Principal Judge, Family Court at Bengaluru. - 3 - HC-KAR NC: 2025:KHC:36192 CP No. 33 of 2025 2. Heard learned counsel for the petitioner and learned counsel for the respondent. 3. The marriage between the petitioner and the respondent was solemnized on 11.12.2009 as per the customs prevailing in their community. Due to un-cordial relationship, the parties have been residing separately for quite sometime. 4. Learned counsel for the petitioner submits that the petitioner is residing at Bengaluru along with her daughter. The travel distance between Bengaluru to Shivamogga is approximately 309 kilometres and it would be extremely difficult for the petitioner to travel such a distance repeatedly to attend the proceedings initiated by the respondent-husband at Shivamogga. 5. Per contra, the learned counsel for the respondent submits that the petitioner had initiated Criminal Miscellaneous Case in Crl.Misc.119/2018 under the Domestic Violence Act, 2005, which came to be - 4 - HC-KAR NC: 2025:KHC:36192 CP No. 33 of 2025 allowed. Against the said order, the respondent-husband has preferred an appeal before the Sessions Court at Shivamogga, which has been set down for mediation. 6. It is contended that since mediation is pending at Shivamogga, the transfer of M.C. 191/2024 is unwarranted. 7. Upon consideration of the rival contentions, it is not in dispute that petitioner is residing with her daughter in Bengaluru. The travel distance between Bengaluru to Shivamogga is of 309 kilometres which causes great inconvenience and hardship to the petitioner. 8. The cardinal principle laid down by catena of judgments in line is that in matrimonial cases where the wife seeks to invoke Section 24 of CPC, the convenience of the wife must be given paramount consideration rather than the inconvenience caused to the husband. - 5 - HC-KAR NC: 2025:KHC:36192 CP No. 33 of 2025 9. 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 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.” 10. In the instant case, the petitioner-wife is aged about 59 years. It is also to be noted that the divorce proceedings were referred to the Bengaluru Mediation Centre, but the mediation failed. The pendency of an 1 Civil Appeal No.4894/2022 - 6 - HC-KAR NC: 2025:KHC:36192 CP No. 33 of 2025 appeal at Shivamogga cannot preclude the present M.C.No.191/2024 from being transferred, as the long distance travel of 309 kilometers imposes genuine hardship upon the petitioner. 11. For foregoing reasons, the petition filed warrants acceptance. 12. Accordingly, I pass the following: ORDER i) The Civil Petition is allowed. ii) M.C.No.191/2024, pending on the file of the Principal Judge, Family Court, Shivamogga, is withdrawn and transferred to the Principal Judge, Family Court at Bengaluru. iii) The Parties to appear before the Family Court, Bengaluru, on 10.10.2025 without waiting for further notice. iv) The Principal Judge, Family Court at Bengaluru to assign the petition to the appropriate Court. Sd/- ________________________ JUSTICE K.S. HEMALEKHA HR/List No.: 1 Sl No.: 8