- 1 - HC-KAR NC: 2025:KHC:38958 CP No. 283 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA CIVIL PETITION NO. 283 OF 2025 BETWEEN: SMT RAMYASHREE M N W/O VINYAKKUMARA B S AGED ABOUT 38 YEARS, R/O 208, MSR FLORA APARTMENT, TRINITY COMPLEX, KADAGRAHARA, DOMMASANDRA, BENGALURU, PERMANENT ADDRESS D/O M N MARIGOUDAR, #1869/46/47, 7TH MAIN, 2ND CROSS, VIVEKANANDA EXTENSION DAVANGERE 577004. …PETITIONER (BY SRI. ARAVIND H., ADVOCATE) AND: SRI VINYAKUMARA B S S/O LATE SANNABASAPPA, AGED ABOUT 40 YEARS, R/AT YARECHIKKANAHALLI, KULAMBI POST, HONNALI TALUK, DAVANGERE DISTRICT - 577219. …RESPONDENT (BY SRI. RAGHAVENDRA M G., ADVOCATE) Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:38958 CP No. 283 of 2025 THIS CP IS FILED UNDER SECTION 24 OF CPC, PRAYING TO WITHDRAW THE M.C.NO.104/2025 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC ANEKAL AND TRANSFER THE SAME TO THE FAMILY COURT AT DAVANAGERE 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 petitioner-wife seeking to withdraw MC.No.104/2025, pending on the file of the II Additional Senior Civil Judge and J.M.F.C., Anekal, initiated by the respondent-husband seeking dissolution of marriage and transfer the same to the Family Court at Davangere. 2. Heard learned counsel appearing for the petitioner and the learned counsel appearing for the respondent. - 3 - HC-KAR NC: 2025:KHC:38958 CP No. 283 of 2025 3. The marriage between the petitioner and the respondent was solemnized on 20.02.2015 as per the customs prevailing in their community. The couple is blessed with a child, who is now aged about 6 years. Due to an un-cordial relationship between them, they have been residing separately for quite some time. 4. Learned counsel for the petitioner submits that the petitioner is presently residing at Davangere and she has care and custody of a minor child, who is now aged about 6 years. The travel distance from Davangere to Anekal is approximately 260 Kms, which requires long travel and causes great inconvenience and hardship, especially, when she has care and custody of her minor child. Further, the petitioner has instituted MC.No.324/2025 before the Family Court at Davanagere, which is pending adjudication. - 4 - HC-KAR NC: 2025:KHC:38958 CP No. 283 of 2025 5. Learned counsel for the respondent fairly submits that the petition in MC.No.104/2025 be transferred to the Family Court at Davangere. 6. The said submission is recorded. 7. 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 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 and welfare of the minor child are paramount consideration while exercising jurisdiction under Section 24 of the Code of Civil Procedure, 1908. 1Civil Appeal No.4894/2022 - 5 - HC-KAR NC: 2025:KHC:38958 CP No. 283 of 2025 8. In the instant case, the petitioner has established sufficient ground for transfer of MC.No.104/2025. She is residing at Davangere with her minor child and the travel distance from Davangere to Anekal is approximately 260 Kms and such a long distance travel causes great hardship and inconvenience and the petition warrants interference to secure her convenience and to avoid multiplicity of proceedings. Hence, this Court pass the following : ORDER i. The Civil Petition is allowed. ii. MC.No.104/2025 pending on the file of the II Additional Senior Civil Judge and J.M.F.C., Anekal, is withdrawn and transferred to the Family Court at Davangere to be heard along with MC.No.324/2025. iii. MC.No.324/2025 is listed on 04.11.2025. The parties shall appear before the Family Court at Davangere - 6 - HC-KAR NC: 2025:KHC:38958 CP No. 283 of 2025 on 04.11.2025 without waiting for further notice. iv. The Registry of the II Additional Senior Civil Judge and J.M.F.C., Anekal is directed to remit the papers to the Family Court at Davangere forthwith. Sd/- _____________________ JUSTICE K.S. HEMALEKHA PHM List No.: 2 Sl No.: 7