- 1 - HC-KAR NC: 2025:KHC:38544 CP No. 387 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA CIVIL PETITION NO.387 OF 2024 BETWEEN: SMT. RANJITHA R. @ PRARTHANA W/O NAVEEN KUMAR .N AGED 25 YEARS, PRESENTLY R/AT JCR LAYOUT 4TH CROSS, CHITRADURGA-577501. …PETITIONER (BY SRI BOODHI OBAIAH, ADVOCATE & SRI M.M.J. SHARATH CHANDRA, ADVOCATE) AND: NAVEEN KUMAR .N S/O LATE NAGALINGAPPA, AGED 40 YEARS, R/AT MIG-25, HUDCO, 3RD STAGE, BANNIMANTAPA, MYSORE-570012. …RESPONDENT (NOTICE TO RESPONDENT IS SERVED AND UNREPRESENTED) THIS CIVIL PETITION UNDER SECTION 24 CIVIL PROCEDURE CODE PRAYING THAT THIS HON’BLE COURT MAY BE PLEASED TO PASS APPROPRIATE DIRECTION OR ORDER, ORDERING TO TRANSFER THE PROCEEDINGS IN M.C.NO.862/2023 PENDING ON THE FILE OF LEARNED JUDGE OF FAMILY COURT MYSORE TO THE FAMILY COURT OF CHITRADURGA, IN THE INTEREST OF JUSTICE AND EQUITY. 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:38544 CP No. 387 of 2024 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.862/2023, instituted by the respondent-husband seeking dissolution of marriage by invoking provisions under Section 13(1)(ia) and (ib) of the Hindu Marriage Act, 1955 (‘Act’ for short), pending on the file of the Principal Judge, Family Court, Mysuru to the Family Court, Chitradurga. 2. Heard the learned counsel for the petitioner. Though the respondent was served with notice, he has chosen to remain absent. There is no representation. 3. The marriage between the petitioner and respondent was solemnized on 17.08.2023, as per the customs prevailing in their community. Due to strained relation, the parties are residing separately for quite some time. - 3 - HC-KAR NC: 2025:KHC:38544 CP No. 387 of 2024 4. Learned counsel for the petitioner submits that the petitioner resides in Chitradurga along with her two minor children, aged about 5 and 6 years. The travel distance between Chitradurga and Mysuru is approximately 250 kilometers one way, such long travel would cause undue hardship and great inconvenience to the petitioner in prosecuting the proceedings instituted by the respondent-husband at Mysuru effectively. 5. It is a cardinal principle underlying matrimonial matters that, when the wife seeks transfer of proceedings by invoking the provisions of 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, the petitioner resides at Chitradurga. The travel distance between Chitradurga and Mysuru is approximately 250 kilometers one way. The petitioner is having care and custody of minor children, which makes the travel to Mysuru all the more difficult to attend the proceedings initiated by the husband.. - 4 - HC-KAR NC: 2025:KHC:38544 CP No. 387 of 2024 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 Section 24 of CPC, in matrimonial matters Courts must weigh the economic and social circumstances of the parties. 7. For the foregoing reasons, Civil Petition warrants acceptance and this Court pass the following: ORDER i. The Civil Petition is allowed. ii. M.C.No.862/2023 pending on the file of the Principal Judge, Family Court, Mysuru is withdrawn and transferred to Court of the Principal Senior Civil Judge, Chitradurga. 1Civil Appeal No.4894/2022 - 5 - HC-KAR NC: 2025:KHC:38544 CP No. 387 of 2024 iii. The parties shall appear before the Court of the Principal Senior Civil Judge, Chitradurga on 29.10.2025 without waiting for further notice. iv. Since the respondent has not tendered his appearance before this Court, in the event he does not appear before the Court of the Principal Senior Civil Judge, Chitradurga on the said date, the concerned Court to take appropriate steps/course in accordance with law. v. The Principal Senior Civil Judge, Chitradurga to assign M.C.No.862/2023 to appropriate Court. Sd/- _____________________ JUSTICE K.S. HEMALEKHA AT List No.: 2 Sl No.: 4