- 1 - HC-KAR NC: 2025:KHC:29598 CP No. 172 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA CIVIL PETITION NO. 172 OF 2025 BETWEEN: SMT. SUSMITHA P W/O. C. C. ABHISHEK, AGED 25 YEARS, R/AT: MATTIKERE SHETTIHALLI VILLAGE, MALURU HOBLI, CHANNAPATNA TALUK, RAMANAGARA DIST. - 562 117 PRESENTLY R/AT:NO.4, SHASHANK NILAYA, 2ND FLOOR, CHUNCHANAKATTE MAIN ROAD, KONANAKUNTE POST, KUNANAKUNTE, BANGALORE - 560 062 …PETITIONER (BY SMT. NITYA V., ADV. FOR SRI. PRAKASH M H., ADVOCATE) AND: SRI. ABHISHEK C C S/O. CHANDRASHEKHAR, AGED 29 YEARS, R/AT: CHIKKABANASAWADI VILLAGE, HONNAYAKANAHALLI POST, KEREGODU HOBLI, MANDYA TALUK & DIST. - 571 401 …RESPONDENT (BY SRI. VIKHYATH B., ADVOCATE) Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:29598 CP No. 172 of 2025 THIS CP IS FILED UNDER SECTION 24 OF THE CIVIL PROCEDURE CODE, 1908, PRAYING TO PASS AN ORDER BY WITHDRAWING THE PETITION IN M.C.NO.4/2025, WHICH IS PENDING ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM AT MANDYA AND TRANSFER THE SAME TO BE FAMILY COURT AT BANGALORE. 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 wife seeking to transfer M.C.No.4/2025 pending on the file of the Principal Senior Civil Judge and C.J.M., Mandya to the Family Court, Bengaluru. 2. Heard the learned counsel for the petitioner and the learned counsel for the respondent and perused the material on record. 3. Learned counsel for the petitioner submits that the petitioner has instituted Crl.Mis.No.187/2024 before the Metropolitan Magistrate Court, Bengaluru and after institution of the Criminal Miscellaneous, the respondent - husband has now filed a petition invoking - 3 - HC-KAR NC: 2025:KHC:29598 CP No. 172 of 2025 Section 9 of Hindu Marriage Act, 1955 seeking restitution of conjugal rights before the Court at Mandya. 4. Per contra, the learned counsel for the respondent objects for transfer on the ground that the travel distance between Mandya and Bengaluru is only around 100 kms and the petitioner can very well attend the proceedings at Mandya. 5. The cardinal principle in matrimonial cases where the wife seeks for transfer invoking Section 24 of CPC, the paramount concern is the convenience of the wife than the inconvenience that is caused to the husband. 6. In similar circumstances, 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: “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 1 Civil Appeal No.4894/2022 - 4 - HC-KAR NC: 2025:KHC:29598 CP No. 172 of 2025 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. In the instant case, the petitioner is residing at Bengaluru. The travel distance from Bangalore to Mandya is around 100 kms causing inconvenience to her to attend the proceedings initiated by her husband. 8. Under such circumstances, this Court pass the following: ORDER i. The Civil Petition is allowed. - 5 - HC-KAR NC: 2025:KHC:29598 CP No. 172 of 2025 ii. M.C.No.04/2025 pending on the file of Principal Senior Civil Judge and C.J.M., Mandya is withdrawn and transferred to the Family Court at Bengaluru. iii. It shall be open to the learned Principal Judge, Family Court, Bengaluru, to assign the transferred case to an appropriate Court. iv. The parties are directed to appear before the Family Court, Bengaluru on 12.08.2025. Sd/- ______________________ JUSTICE K.S.HEMALEKHA KG List No.: 1 Sl No.: 3