- 1 - HC-KAR NC: 2025:KHC:36318 CP No. 249 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.249 OF 2025 BETWEEN: SMT. REEMA W/O CHETAN, HOUSE WIFE, AGED ABOUT 31 YEARS, SAMRIDDHI HOUSE, KEMTHUR VILLAGE, UDUPI-574118. …PETITIONER (BY SRI GURURAJA SHETTY K., ADVOCATE) AND: SRI CHETAN, ENGINEER (B.E.) S/O DAYANAND POOJARY, AGED ABOUT 33 YEARS, R/AT NO.17TH A/25, TARANGINI NANDI GARDEN PHASE-2, JP NAGAR 9TH PHASE, AVALAHALLI, BANGALORE-560062. …RESPONDENT (BY SRI KIRAN KUMAR B.M., ADVOCATE) THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF THE CIVIL PROCEDURE CODE, 1908 PRAYING TO PASS AN ORDER TO TRANSFER THE PROCEEDINGS INITIATED BY THE RESPONDENT / HUSBAND IN M.C.NO.2429/25 ON THE FILE OF THE III ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BANGALORE TO THE COURT OF PRINCIPAL FAMILY COURT UDUPI. THIS PETITION COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:36318 CP No. 249 of 2025 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.2429/2025 instituted by the respondent-husband for divorce under Section 13 (1) (i-a) of the Hindu Marriage Act, 1955 (‘the Act’ for short)) pending on the file of the III Additional Principal Judge, Family Court at Bengaluru, and transfer the same to the Principal Family Court at Udupi. 2. Heard the learned counsel for the petitioner and the learned counsel for the respondent. 3. The marriage between the petitioner and respondent was solemnized on 23.12.2020, as per the customs prevailing in their community. From the wedlock, a child is born, who is in care and custody of the petitioner. Due to un-cordial relationship, the parties have been residing separately for some time. - 3 - HC-KAR NC: 2025:KHC:36318 CP No. 249 of 2025 4. Learned counsel for the petitioner would urge the following grounds: i. Petitioner, along with her minor daughter, who is aged about 3 years 6 months, is residing at Udupi with her parents. ii. The travel distance from Bengaluru to Udupi is approximately 450 kms one way, which causes great hardship and inconvenience to the petitioner in attending the proceedings initiated by her husband at Bengaluru. 5. Per contra, learned counsel for the respondent- husband submits that the respondent is ready and willing to bear the travel and incidental expenses of the petitioner for attending the proceedings at Bengaluru. It is further contended that the proceedings in M.C.No.2429/2025 were instituted at Bengaluru only at the instance of the petitioner herself, as she had initially suggested that she would consent for divorce. - 4 - HC-KAR NC: 2025:KHC:36318 CP No. 249 of 2025 5. It is a cardinal principle underlying matrimonial matters that when the wife seeks transfer of proceedings by invoking Section 24 of CPC, the paramount consideration is the convenience of the wife, rather than the inconvenience that may be caused to the husband. In the instant case, it is not in dispute that the petitioner is residing at Udupi along with her parents and has care and custody of a minor child aged about 3 years 6 months. The travel distance between Bengaluru and Udupi is approximately 450 kilometers one way, which undoubtedly cause hardship and inconvenience to the petitioner to travel all the way to Bengaluru to attend the proceedings initiated by the husband. The contention of the respondent that the proceeding at Bengaluru were instituted only at the instance of the petitioner, as she had initially suggested for divorce by mutual consent, cannot outweigh the paramount consideration of wife’s convenience in matrimonial matters. - 5 - HC-KAR NC: 2025:KHC:36318 CP No. 249 of 2025 6. The Apex Court in the case of N.C.V. Aishwarya Vs. A.S.Saravana Karthik Sha1 (Aishwarya) has held at paragraph 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.” 7. For the foregoing reasons, transfer is warranted and this Court pass the following: 1 Civil Appeal No.4894/2022 - 6 - HC-KAR NC: 2025:KHC:36318 CP No. 249 of 2025 ORDER i. The Civil Petition is allowed. ii. MC No.2429/2025 pending on the file of the III Additional Principal Judge, Family Court, Bengaluru is withdrawn and transferred to the Principal Family Court at Udupi. iii. The parties shall appear before the Principal Family Court at Udupi on 29.10.2025 without waiting for further notice. Sd/- _____________________ JUSTICE K.S. HEMALEKHA MBM List No.: 1 Sl No.: 19