- 1 - HC-KAR NC: 2025:KHC:30105 CP No. 143 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA CIVIL PETITION NO. 143 OF 2025 BETWEEN: SMT. PRIYANKA S.M., W/O JEEVAN B., D/O MADHU S.K., AGED ABOUT 22 YEARS, RESIDING AT NO.MC 23, FOREST QUARTERS, 18TH CROSS, MALLESHWARAM, BENGALURU-560 055. …PETITIONER (BY SRI. NINGARAJU M.N., ADVOCATE) AND: SRI JEEVAN B., S/O BORAPPA SHETTY, AGED ABOUT 29 YEARS, RESIDING AT WARD NO.22, MADHUVANAHALLI BLOCK, K.R.NAGAR TOWN AND TALUK, MYSORE DISTRICT-571602. …RESPONDENT (BY SRI. VASU K., ADVOCATE) THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF THE CIVIL PROCEDURE CODE, 1908 PRAYING TO ALLOW THIS PETITION, AND TRANSFER THE ENTIRE PROCEEDINGS IN M.C. NO. 8/2025 FROM THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC AT KRISHNARAJANAGAR TO THE HONBLE PRINCIPAL FAMILY COURT AT BENGALURU. THIS CIVIL PETITION, COMING ON FOR ORDERS, 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:30105 CP No. 143 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 MC No.8/2025 pending on the file of the Senior Civil Judge and JMFC, Krishnarajanagar to the Principal Family Court at Bengaluru. 2. Heard learned counsel appearing for the petitioner and the learned counsel appearing for the respondent. 3. The marriage between the petitioner and the respondent was solemnized on 26.05.2024 as per Hindu customs and rituals. Due to an un-cordial relationship between them, they are residing separately for quite some time. 4. The learned counsel for the petitioner submits that respondent has filed petition seeking restitution of conjugal rights in MC No.8/2025 before Krishnarajanagar Court. The petitioner is residing at Bengaluru and she has - 3 - HC-KAR NC: 2025:KHC:30105 CP No. 143 of 2025 filed Crl.Misc.30/2025 seeking maintenance at Family Court, Bengaluru. It is submitted by the learned counsel that the travel distance from Bengaluru to Krishnarajanagar is around more than 200 Kms whereby causing undue hardship and inconvenience to the petitioner in attending proceedings at Krishnarajanagar. 5. Per contra, the learned counsel for the respondent submits that the respondent is working in Krishnarajanagar and he has aged parents to look after. In the circumstances, if transfer is made as pleaded by the petitioner, inconvenience would be caused to the respondent/husband. 6. 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 1Civil Appeal No.4894/2022 - 4 - HC-KAR NC: 2025:KHC:30105 CP No. 143 of 2025 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 than the inconvenience caused to the husband. 7. In the instant case the petitioner has initiated Crl. Misc. 30/2025 before the Judicial Magistrate First Class, Bengaluru and she is residing at Bengaluru with her aged parents. The travel distance from Bengaluru to Krishnarajanagar is around 200 Kms causing inconvenience to the petitioner. The petitioner would be put to undue hardship by travelling 200 Kms. to Krishnarajanagar while the petitioner is at Bengaluru, transfer is warranted to secure her convenience and to avoid multiplicity of proceeding. 8. For the foregoing reasons, this Court pass the following: ORDER i. The Civil Petition is allowed. - 5 - HC-KAR NC: 2025:KHC:30105 CP No. 143 of 2025 ii. MC No.8/2025 pending on the file of the Senior Civil Judge and JMFC, Krishnarajanagar is withdrawn and transferred to the Principal Judge, Family Court at Bengaluru. iii. The parties shall appear before the Principal Judge, Family Court, Bengaluru on 22.08.2025 without waiting for further notice. iv. The Principal Judge, Family Court, Bengaluru to assign the transferred case to appropriate Court. Sd/- ____________________ JUSTICE K.S. HEMALEKHA CKL List No.: 1 Sl No.: 61