- 1 - HC-KAR NC: 2025:KHC:33536 CP No. 45 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA CIVIL PETITION NO. 45 OF 2025 BETWEEN: KEERTHI S P D/O PRASANNA KUMAR.S AGED ABOUT 31 YEARS, RESIDING AT. NO. 33, SOMAGUDDA GRAMA CHALLAKERE TALUK CHITHRADURGA DISTRICT- 577522 …PETITIONER (BY SRI. VIJAYA KUMAR T.M, ADVOCATE) AND: SRI BASAVARAJU B K S/O KUMAR, AGED ABOUT 35 YEARS, RESIDING AT. NO. 1105, 3RD MAIN ROAD,‘E’ BLOCK, 2ND STAGE, RAJAJINAGAR, BENGALURU -560010 PERMANENT ADDRESS NO,18, MARUTHI LAYOUT, TARABANAHALLI HESARAGATTA ROAD, BENGALURU-560 088. …RESPONDENT (BY SRI. HEMACHANDRA.R .RAI, ADVOCATE) THIS CIVIL PETITION IS FILED UNDER SEC. 24 OF THE CIVIL PROCEDURE CODE. 1908 PRAYING TO WITHDRAW THE Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:33536 CP No. 45 of 2025 MC NO.7759/2024 CASE PENDING BEFORE THE 4TH ADDITIONAL JUDGE, FAMILY COURT AT BANGALORE, PRODUCED AT ANNEXURE - A, AND TRANSFER THE SAME TO PRINCIPAL SENIOR CIVIL JUDGE AT CHALLAKERE, TO TRY AND DISPOSE OFF IN ACCORDANCE WITH LAW AND PASS SUCH OTHER ORDERS THAT THIS HONBLE COURT DEEMS FIT TO GRANT IN THE FACTS AND CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE AND EQUITY. 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 transfer of MC No.7759/2024 pending on the file of the IV Additional Principal Judge, Family Court, Bengaluru, initiated by the respondent-husband seeking relief of divorce to the Principal Senior Civil Judge at Challakere. 2. Learned counsel for the petitioner submits that the petitioner is residing at Challakere and the travel distance from Challakere to Bengaluru is around 250 Kms, - 3 - HC-KAR NC: 2025:KHC:33536 CP No. 45 of 2025 which causes great hardship and inconvenience to her in attending the proceedings at Bengaluru. 3. Per contra, learned counsel for the respondent submits that the petitioner is working in Multi-National Company ‘Empower’ and is drawing salary of Rs.48,175/- per month. It is the contented that though her parents are residing at Challekere, the petitioner herself is not residing there but continues to reside at Bengaluru, where her employment is situated. Hence, the ground urged of inconvenience due to travel from Challakere does not arise. 4. It is seen from the order sheet that this Court on 09.04.2025, had directed the petitioner-wife to file an affidavit, disclosing the particulars of her employment and present place of residence, since the respondent specifically contended that she is employed in Bengaluru. Despite lapse of more than 4 months and the matter being treated as urgent, no affidavit has been filed by the - 4 - HC-KAR NC: 2025:KHC:33536 CP No. 45 of 2025 petitioner to rebut the contention of the respondent. The absence of such proof leads to an inference that the petitioner has not been employed at Bengaluru. 5. The settled principle of law in transfer of matrimonial cases is that ordinarily the convenience of the wife is to be given paramount consideration. However, this principle cannot be stretched to an extent where it amounts to misuse of the process of law. The burden lies upon the petitioner to establish with supporting material that she is residing at Challakere and that the travel to Bengaluru causes genuine inconvenience. 6. In the present case, no material whatsoever has been produced to substantiate her claim of residence at Challakere. On the contrary, the respondent has shown that she is employed at Bengaluru which fact has not been denied by her. - 5 - HC-KAR NC: 2025:KHC:33536 CP No. 45 of 2025 7. In the circumstances, the ground urged by the petitioner of inconvenience in traveling from Challakere to Bengaluru cannot be accepted. Accordingly, the petition is devoid of merits and stands dismissed. Sd/- ____________________ JUSTICE K.S. HEMALEKHA MDS List No.: 1 Sl No.: 3