- 1 - HC-KAR NC: 2025:KHC:36189 CP No. 167 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. 167 OF 2025 BETWEEN: SMT. SUSHMA U 28 YRS., W/O P.R. KIRANKUMAR R/AT KASHIPURA CAMP, KEREBILACHI POST, CHANNAGIRI TALUK, DAVANAGERE DIST- 577213 …PETITIONER (BY SRI. BASAVARAJAPPA D R.,ADVOCATE) AND: SRI P R KIRANKUMAR 31 YRS., S/O RAJANAIK, JUNIOR POWERMAN, RURAL SUB-DIVISION, MESCOM, PILLANGIRI SECTION, SHIVAMOGGA TQ AND DIST - 577227 …RESPONDENT (RESPONDENT SERVED) THIS CP IS FILED UNDER SECTION 24 OF CPC, PRAYING TO WITHDRAW MC NO.233/2024 FILED BY RESPONDENT BEFORE THE LEARNED PRL. JUDGE, FAMILY COURT, SHIVAMOGGA TO BE TRANSFERRED TO LEARNED PRL. CIVIL JUDGE AND JMFC, CHANNAGIRI, DAVANAGERE Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:36189 CP No. 167 of 2025 DISTRICT, WHEREIN CRL. MISC NO.386/2024 IS PENDING. 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 and transfer M.C.No.233/2024 instituted by the respondent - husband seeking dissolution of marriage, pending on the file of the Principal Judge, Family Court, Shivamogga, to the II Additional Civil Judge and JMFC, Channagiri, Davanagere District. 2. Heard the learned counsel appearing for the petitioner and perused the material on record. 3. Though the respondent is served with notice, he has chosen to remain absent and there is no representation. - 3 - HC-KAR NC: 2025:KHC:36189 CP No. 167 of 2025 4. Learned counsel for the petitioner submits that the petitioner is a resident of Kashipura Camp, Kerebilachi, which is situated near Channagiri. It is further submitted that the couple are blessed with a male child, who is now aged about two years. The respondent has initiated matrimonial proceedings at Shivamogga, the petitioner has to first travel from Kerebilachi to Nalluru, and thereafter take another bus from Nalluru to reach Shivamogga. The total travel distance from Kerebilachi to Shivamogga is approximately 150 Kilometers. Such long and inconvenient travel, coupled with the responsibilities of caring for the minor child causes great hardship to the petitioner in attending the proceedings at Shivamogga. 5. It is well settled principle reiterated in a catena of judgments in line is that, in matrimonial matters, when a transfer is sought by the wife under Section 24 of CPC, the convenience of the wife is to be accorded paramount consideration. The comparative inconvenience that may be caused to the husband cannot outweigh the hardship - 4 - HC-KAR NC: 2025:KHC:36189 CP No. 167 of 2025 that wife would suffer if compelled to attend proceedings at a distant place. 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 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 - 5 - HC-KAR NC: 2025:KHC:36189 CP No. 167 of 2025 7. Applying the said principle to the present case, the petitioner is residing with her minor son aged about two years, and she alone has to look after the welfare of the child. Attending the proceedings at Shivamogga requires her to travel approximately 150 kms, involving multiple modes of transport, would cause grave hardship and inconvenience. It is also not in dispute that Court at Channagiri is situated at a distance of about 50 kms. from the petitioner's place of residence. It is further relevant to note that Crl.Misc.No.386/2024 filed by the petitioner - wife seeking maintenance is pending before Channagiri Court. 8. For the forgoing reasons, the petitioner-wife has made out a ground to transfer M.C.No.233/2024 to the Channagiri Court. 9. Accordingly, I pass the following: ORDER i) The Civil Petition is allowed. - 6 - HC-KAR NC: 2025:KHC:36189 CP No. 167 of 2025 ii) M.C.No.233/2024, pending on the file of the Principal Judge, Family Court, Shivamogga, is withdrawn and transferred to the II Additional Civil Judge and JMFC, Channagiri, Davanagere District. iii) Parties to appear before the Channagiri Court, on 16.10.2025. iv) Since the respondent has not tendered his appearance in this petition, in such event, he does not appear before the Concerned Court at Channagiri, the concerned Court to take appropriate action/steps. Sd/- ________________________ JUSTICE K.S. HEMALEKHA HR List No.: 1 Sl No.: 14