- 1 - HC-KAR NC: 2025:KHC:37051 CP No. 82 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.82 OF 2025 BETWEEN: SMT. ANITHA CHOUVANNAVAR W/O.GANAPATI @GANESH AGED ABOUT 33 YEARS, PRESENTLY RESIDING AT NO.70/21, SAVITHRI NILAYA, 4TH MAIN, KAMAKSHIPALYA, BANGALORE-560 079. …PETITIONER (BY SRI. NAVEEN KUMAR L., ADVOCATE A/W SMT. ROOPA GAJANAN AMATUR, ADVOCATE) AND: GANAPATI @ GANESH N SAKRI S/O.NARAYNAPPA SAKRI AGED ABOUT 34 YEARS, RESIDING ADDRESS FLAT NO.F 106, SRINATH RESIDENCY, LIPANE WASTI, AMBEGAON PUNE-411046. MAHARASHTRA. OFFICE ADDRESS SHOGINI TECHNOARTS PRIVATE LTD., ADDRESS #GAT NO. 788, KHED SHIVAPUR, TALUKA - HAVELI, DIST. PUNE 412 205. MAHARASHTRA ALSO AT NO.717, MANIHALA, SUREBAN VILLAGE, RAMDURGA TALUK, BELGAUM DISTRICT-591127 KARNATAKA. …RESPONDENT Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:37051 CP No. 82 of 2025 (NOTICE TO RESPONDENT – GANAPATI @ GANESH N. SAKRI SERVED AND UNREPRESENTED) THIS CP IS FILED U/S. 24 OF CPC 1908, PRAYING TO TRANSFER THE PETITION U/S. 13 OF HINDU MARRIAGE ACT, IN M.C. NO. 14/2024 AGAINST THE PETITIONER BEFORE THE SENIOR CIVIL JUDGE AND JMFC, RAMADURGA AT BELGAUM TO THE COMPETENT JURISDICTION TO HON’BLE PRINCIPAL JUDGE, FAMILY COURT AT BENGALURU KEEPING IN VIEW THE FACTS AND CIRCUMSTANCES MENTIONED IN THE PRESENT APPLICATION. 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.14/2024, instituted by the respondent-husband under Section 13(1)(i-a) of the Hindu Marriage Act, 1955, (hereinafter referred to as 'the HM Act'), pending on the file of Senior Civil Judge, Ramdurga, Belgaum to the Principal Judge, Family Court, Bengaluru. 2. Heard the learned counsel appearing for the petitioner. - 3 - HC-KAR NC: 2025:KHC:37051 CP No. 82 of 2025 3. Learned counsel for the petitioner submits that petitioner is residing at Bengaluru and she had initiated proceedings in Crl.Misc.No.32/2022, under the Protection of Women from Domestic Violence Act, 2005, which is pending before the Court of the Metropolitan Magistrate. Further, the petitioner has also filed Crl.Misc.No.176/2022 for execution of interim maintenance passed in Crl.Misc.No.32/2022, which is pending consideration before the said Court. 4. Though the respondent has been duly served, he has chosen to remain absent before this Court. 5. It is submitted by earned counsel for the petitioner that the travel distance between Bengaluru and Belgaum is approximately 508 kilometres one way, such long travel causes great inconvenience and hardship to the petitioner in attending the proceedings at Belgaum instituted by respondent-husband. - 4 - HC-KAR NC: 2025:KHC:37051 CP No. 82 of 2025 6. It is cardinal principle that in matrimonial cases, where the wife seeks to transfer of proceedings, the paramount consideration is the convenience of the wife rather than the inconvenience, that may be caused to the husband. 7. The marriage between the petitioner and respondent was solemnized on 16.03.2017 as per the customs of their community. Due to an un-cordial relationship between them, they are residing separately from 2021. Petitioner-wife is already pursuing proceeding at Bengaluru and compelling her to undertake travel distance approximately 508 kilometres one way causes hardship and great inconvenience to the petitioner. 8. 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: 1 Civil Appeal No.4894/2022 - 5 - HC-KAR NC: 2025:KHC:37051 CP No. 82 of 2025 “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.” 9. For the foregoing reasons, this Court pass the following: ORDER i. The Civil Petition is allowed. ii. M.C.No.14/2024 pending on the file of Senior Civil Judge, Ramdurga, Belgaum is withdrawn and transferred to the Principal Judge, Family Court, Bengaluru. - 6 - HC-KAR NC: 2025:KHC:37051 CP No. 82 of 2025 iii. The parties shall appear before the Principal Judge, Family Court, Bengaluru, on 27.10.2025 without waiting for further notice. iv. Since the respondent has not appeared before this Court, in the event he does not appear before the Principal Judge, Family Court, Bengaluru, the concerned Court to take appropriate steps/course. Sd/- ____________________ JUSTICE K.S. HEMALEKHA RL List No.: 1 Sl No.: 5