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2025 DAILYLAW 77271 (KAR)

SMT. PRAVALLIKA K M v. SRI. SHAMANTH BHARADWAJ A S

CP/218/2025 · 2025-09-04

K S Hemalekha

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:34745 CP No. 218 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA CIVIL PETITION NO. 218 OF 2025 BETWEEN: SMT. PRAVALLIKA K M, AGED ABOUT 28 YEARS, W/O A S SHAMANTH BHARADWAJ, D/O MANJUNATHA, NO.675, 1st FLOOR, V.R. LAYOUT ROAD, K.R.PURAM, BENGALURU. …PETITIONER (BY SRI. SOMANATHA H.,ADVOCATE) AND: SRI. SHAMANTH BHARADWAJ A S, AGED ABOUT 32 YEARS, S/O SRIDHARAMURTHY, RESIDING NEAR RAILWAY, POST OFFICE BRANCH, ADHARSHNAGAR, MALUR TOWN. …RESPONDENT (BY SRI. K MANJUNATHA.,ADVOCATE) THIS CP IS FILED U/S. 24 OF CPC PRAYING TO TRANSFER OF DIVORCE PETITION IN MC NO. 28/2025 FROM HONBLE SENIOR CIVIL JUDGE AND JMFC, MALUR, KOLAR TO HONBLE PRINCIPAL JUDE, FAMILY COURT AT BANGALORE. Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:34745 CP No. 218 of 2025 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 MC.No.28/2025 initiated by the respondent-husband seeking dissolution of marriage pending on the file of the Senior Civil Judge and JMFC, Malur, Kolar District to the Principal Judge, 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 14.02.2022 as per customs prevailing in their community. Due to an un-cordial relationship between them, they are residing separately for quite some time. 4. Learned counsel for the petitioner submits that the petitioner and the respondent both are residing and - 3 - HC-KAR NC: 2025:KHC:34745 CP No. 218 of 2025 employed at Bengaluru. The petitioner is working as Senior Executive on On-site Assignment at M/s. Accenture Solutions Pvt. Ltd., Bengaluru through M/s. Vignesh Business Services Pvt. Ltd., under a contract employment. Her office is situated at Eco Space, Bellandur, Bengaluru. The respondent is working at M/s. Wells Fargo situated at Sarjapura Outer Ring road, Devarabisanahalli, Bellanduru, Bengaluru. The travel distance from Bengaluru to Malur is more than 50 to 60 Kms, which causes severe hardship and inconvenience for her to attend proceedings at Malur. 5. 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 1Civil Appeal No.4894/2022 - 4 - HC-KAR NC: 2025:KHC:34745 CP No. 218 of 2025 parties. Thus, the cardinal principle is the convenience of the wife than the inconvenience caused to the husband. 6. The respondent has filed MC.No.28/2025 seeking dissolution of marriage before the Senior Civil Judge and JMFC, Malur, Kolar. In paragraph No.7 of his petition, the respondent himself has admitted that the petitioner and respondent were residing at Marathahalli, Bengaluru. The subsequent plea of residence at Malur has not been supported by any material. The respondent is employed at Bengaluru, is what that can be gathered from material on record. The petitioner, who is about 28 years of age, is also employed at Bengaluru. The travel distance of 60 kms to Malur causes the petitioner great hardship and inconvenience. The principle of convenience of the wife has been consistently recognized while considering transfer of matrimonial cases. In light of the above circumstances, transfer is warranted to secure her convenience and to avoid multiplicity of proceeding. - 5 - HC-KAR NC: 2025:KHC:34745 CP No. 218 of 2025 7. For the foregoing reasons, this Court pass the following: ORDER i. The Civil Petition is allowed. ii. MC No.28/2025 pending on the file of the Senior Civil Judge and JMFC, Malur, Kolar District 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 09.10.2025 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 PHM List No.: 1 Sl No.: 12