- 1 - HC-KAR NC: 2025:KHC:38547 CP No. 235 of 2025 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.235 OF 2025 BETWEEN: SMT. B.C. KAVANASHREE @ KAVYA W/O SRI MANOJKUMAR .A D/O LATE B.G. CHANDRASHEKAR, AGED ABOUT 27 YEARS, R/O NEAR KALIKAMBA TEMPLE, HARANAHALLI VILLAGE, ARASIKERE TALUK, HASANA DIST.-573122. …PETITIONER (BY SRI PATIL DAYANAND SUBRAYA GOUDA, ADVOCATE) AND: SRI MANOJKUMAR .A S/O. G.N. ANAND AGED ABOUT 27 YEARS, R/AT NO.5, ANANDA NILAYA, VIVEKANANDA LAYOUT, T.C. PALYA MAIN ROAD, KRISHNARAJPURAM, BANGALORE-560036. …RESPONDENT (BY SRI RAMAKRISHNAPPA P.N., ADVOCATE (ABSENT)) THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CPC, PRAYING TO TRANSFER THE CASE IN M.C.NO.1569/2025 FILED BY THE RESPONDENT IN THE COURT OF VI ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BENGALURU TO THE COURT OF THE CIVIL JUDGE (SR.DN) ARSIKERE, HASSAN DISTRICT, 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:38547 CP No. 235 of 2025 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.1569/2025, instituted by the respondent-husband seeking dissolution of marriage by invoking provisions under Section 13(1)(ia) of the Hindu Marriage Act, 1955 (‘Act’ for short), pending on the file of the VI Additional Principal Judge, Family Court, Bengaluru to the Court of the Civil Judge (Sr.Dn), Arsikere, Hassan District. 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 26.02.2024, 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:38547 CP No. 235 of 2025 4. Learned counsel for the petitioner submits that the petitioner is presently residing with her parents in Haranahalli village, Arasikere Taluk. The travel distance between Haranahalli village and Bengaluru is approximately 200 kilometers one way, such long travel would cause undue hardship and great inconvenience to the petitioner in attending the proceedings instituted by the respondent-husband at Bengaluru 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 is residing at Haranahalli, Arsikere Taluk with her parents. The travel distance between Haranahalli and Bengaluru is approximately 200 kilometers one way, which takes overnight journey causing undue hardship and great - 4 - HC-KAR NC: 2025:KHC:38547 CP No. 235 of 2025 inconvenience to the petitioner to attend the proceedings instituted by the husband at Bengaluru.. 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, the Civil Petition warrants acceptance and this Court pass the following: ORDER i. The Civil Petition is allowed. ii. M.C.No.1569/2025 pending on the file of the VI Additional Principal Judge, Family Court, Bengaluru is withdrawn and transferred to 1Civil Appeal No.4894/2022 - 5 - HC-KAR NC: 2025:KHC:38547 CP No. 235 of 2025 the Court of the Principal Civil Judge (Sr.Dn), Arsikere, Hassan District. iii. The parties shall appear before the Court of the Principal Civil Judge (Sr.Dn), Arsikere, Hassan District, on 16.10.2025 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 Civil Judge (Sr.Dn), Arsikere, Hassan District, on the said date, the concerned Court to take appropriate steps/course in accordance with law. Sd/- _____________________ JUSTICE K.S. HEMALEKHA AT List No.: 2 Sl No.: 12