- 1 - HC-KAR NC: 2025:KHC:29314 CP No. 182 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JULY, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA CIVIL PETITION NO. 182 OF 2025 BETWEEN: SMT. NOOR FATHIMA ANJUM W/O ABDUL ALEEM AZAMI AGED ABOUT 45 YEARS R/AT NO. 383/1B, 2ND CROSS, UMAR KHAYAM ROAD, THILAK NAGARA MYSURU-570021. …PETITIONER (BY SRI. VENUGOPALA G M., ADVOCATE) AND: ABDUL ALEEM AZAMI S/O. LATE. ABDUL WAHAB AGED ABOUT 51 YEARS, R/AT NO. 20, 1ST CROSS, CHRISTIAN STREET P R. NAGARA, TUMAKURU-572101. …RESPONDENT (NOTICE TO RESPONDENT SERVED AND UNREPRESENTED) THIS CIVIL PETITION IS FILED UNDER SEC. 24 OF THE CIVIL PROCEDURE CODE. 1908 PRAYING TO TRANSFER THE PETITION FILED BY THE RESPONDENT WHICH IS PENDING IN THE COURT OF I ADDITIONAL PRL. JUDGE, FAMILY COURT AT TUMAKURU IN THE FILE OF OS NO.6/2025 TO THE PRL. FAMILY COURT AT MYSURU WHERE THE OS NO.90/2024 FILED BY THE PETITIONER IS PENDING BEFORE PRL. FAMILY COURT AT Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:29314 CP No. 182 of 2025 MYSURU FOR DISPOSAL IN ACCORDANCE WITH LAW, 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 petitioner-wife seeking transfer of O.S.No.6/2025 filed by her respondent- husband, before the learned I Additional Principal Judge, Family Court at Tumakuru, for restitution of conjugal rights and transfer the same to the Principal Family Judge, at Mysuru, where the O.S.No.90/2024 filed by the petitioner is pending. 2. Though notice was served upon the respondent on 02.05.2025, he has remained absent. An affidavit is also filed stating that the respondent has refused to receive the hand summons. 3. The affidavit is taken on record. - 3 - HC-KAR NC: 2025:KHC:29314 CP No. 182 of 2025 4. Heard the learned counsel appearing for the petitioner and perused the material placed on record. 5. The marriage of the petitioner and respondent was solemnised on 22.05.2008. Due to uncordial relationship, they were residing separately for quite some time. Learned counsel appearing for the petitioner contends that the travel distance from Mysore, where the petitioner is residing, to Tumkur is nearly around 250 Kilometres, causing inconvenience to the petitioner. It is submitted that the petitioner is having two minor children aged about 8 and 15 years, making it more difficult for the petitioner to travel all the way to Tumakuru by leaving the children at Mysuru. 6. The cardinal principle as laid down by the catena of judgments in line is that in matrimonial cases where the wife seeks to invoke Section 24 of the Code of Civil Procedure, 1908 seeking transfer of the petition, is the convenience of the wife rather than the inconvenience - 4 - HC-KAR NC: 2025:KHC:29314 CP No. 182 of 2025 caused to the husband. The Hon’ble Apex Court in the case of N.C.V. Aishwarya Vs. A.S.Saravana Karthik Sha1 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.” 7. In the instant case, the wife has already filed a petition for dissolution of marriage in O.S.No.90/2024 before the Family Court, Mysuru, and after that the 1 Civil Appeal No.4894/2022 - 5 - HC-KAR NC: 2025:KHC:29314 CP No. 182 of 2025 husband instituted O.S.No.6/2025 seeking restitution of conjugal rights. The distance between Mysore and Tumakuru is around 250 Kilometres causing inconvenience to the petitioner. In the said circumstances, the petition filed for transfer needs to be allowed. 8. Accordingly, I pass the following order: ORDER i. The Civil Petition is allowed. ii. O.S.No.6/2025, pending on the file of the learned I Additional Principal Family Court, Tumakuru, is withdrawn and transferred to the Principal Judge, Family Court at Mysore, to be heard along with O.S.No.90/2024. iii. The petitioner is directed to appear before the Principal Judge, Family Court on 13.08.2025. Since the respondent has not tendered his appearance herein, in the event the respondent does not appear before the Principal Judge, - 6 - HC-KAR NC: 2025:KHC:29314 CP No. 182 of 2025 Family Court on the said date, necessary steps shall be taken. iv. In view of disposal of the petition, pending IA, if any, does not survive for consideration and is accordingly disposed of. Sd/- _____________________ JUSTICE K.S. HEMALEKHA SKS