- 1 - HC-KAR NC: 2025:KHC:29312 CP No. 157 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JULY, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA CIVIL PETITION NO. 157 OF 2025 BETWEEN: SMT. PRARTHANA. M AGED ABOUT 25 YEARS, D/O. SRI. G. MURTHY, W/O. SRI. MANJU DARSHAN.J, R/AT NO.154, ANUGRAHA, 4TH MAIN ROAD, H.V.R. LAYOUT, BANGALORE-560079 …PETITIONER (BY SRI. NAVEEN N., ADVOCATE) AND: SRI. MANJU DARSHAN AGED ABOUT 31 YEARS, S/O. SRI. H.C. JAYARAM, R/AT. CHALLAMMA KRUPA, 7TH CROSS, GANGOTHRI ROAD, GANGOTHRI NAGARA, KUVEMPUNAGARA, TUMKUR-572103. …RESPONDENT (BY SRI. SHASHANK NAGENDRAN, ADVOCATE) THIS CIVIL PETITION IS FILED UNDER SEC. 24 OF THE CIVIL PROCEDURE CODE. 1908 PRAYING TO TRANSFER THE PETITION FILED BY THE RESPONDENT THEREIN IN MC NO.36/2025 PENDING ON THE FILE OF I ADDITIONAL PRINCIPAL FAMILY COURT AT TUMKUR TO COURT OF THE 6TH ADDITIONAL PRINCIPAL FAMILY JUDGE, AT BANGALORE IN WHICH MC NO.1372/2025 FILED BY THE PETITIONER AGAINST Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:29312 CP No. 157 of 2025 THE RESPONDENT IS PENDING, 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 transfer of M.C.No.36/2025 filed by the respondent-husband, pending on the file of the learned I Additional Principal Judge, Family Court, Tumakuru, to the VI Additional Principal Family Judge, at Bangalore. 2. It is not in dispute that the petitioner is the legally wedded wife of respondent and their marriage was solemnized on 26.02.2024 as per Hindu customs and rituals and they were leading happy marital life for quite some time. Thereafter, due to uncordial relationship between the petitioner and the respondent, they are living separately. - 3 - HC-KAR NC: 2025:KHC:29312 CP No. 157 of 2025 3. Learned counsel for the petitioner submits that the petitioner is working in the WIPRO company at Bengaluru. It is contended that the distance between Bengaluru and Tumakuru is around 70 kms, making it difficult for the wife to travel all the way to Tumakuru to attend the proceedings at Tumakuru. It is submitted that the petitioner has filed M.C.No.1372/2025, seeking a decree of divorce on the file of VI Additional Principal Family Court, Bengaluru. In these circumstances, it is contended that M.C. petition filed by the respondent seeking for restitution of conjugal rights would be withdrawn and tagged with the present M.C.No.1372/2025 pending on the file of VI Additional Principal Family Court at Bengaluru and the matter be heard together. 4. Learned counsel appearing for the respondent– husband vehemently submits that the respondent– husband at present is not working and residing at Tumakuru. He has to take care of his aged parents and in the event that M.C.No.36/2025 is withdrawn and - 4 - HC-KAR NC: 2025:KHC:29312 CP No. 157 of 2025 transferred to the Family Court, Bengaluru, inconvenience would be caused to the respondent–husband. 5. The cardinal principle in matrimonial cases where the wife seeks to invoke Section 24 of the Code of Civil Procedure, is the convenience of the wife than the inconvenience caused to the husband. 6. In the instant case, the marriage between the parties was solemnized on 26.02.2024, which is not in dispute. It is also not in dispute that the petitioner has filed a complaint to the family counseling centre, Vanitha Sahayavani, Bangalore, on 19.12.2024. The respondent– husband has filed M.C.No.36/2024 seeking restitution of conjugal rights on the file of the I Additional Principal Judge, Family Court, Tumakuru and the petitioner-wife has filed M.C.No.1372/2025 for a decree of divorce on the file of the VI Additional Principal Family Court, Bengaluru. The distance between Bengaluru and Tumakuru is around 70 kms, causing inconvenience to the petitioner's wife to - 5 - HC-KAR NC: 2025:KHC:29312 CP No. 157 of 2025 travel all the way to Tumakuru and attend the proceedings initiated by her husband. 7. In similar circumstances, the Apex Court in the case of N.C.V. Aishwarya Vs. A.S.Saravana Karthik Sha1 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.” 1 Civil Appeal No.4894/2022 - 6 - HC-KAR NC: 2025:KHC:29312 CP No. 157 of 2025 8. For the foregoing reasons, this Court pass the following order: ORDER i. The Civil Petition is allowed. ii. M.C.No.36/2025, pending on the file of the I Additional Principal Family Court, Tumakuru, is withdrawn and transferred to VI Additional Principal Family Court at Bengaluru, to be tried along with M.C.No.1372/2025. iii. The parties are directed to appear before the Family Court, Bengaluru on 04.08.2025, without waiting for further notice. Sd/- _____________________ JUSTICE K.S. HEMALEKHA SKS List No.: 1 Sl No.: 2