- 1 - HC-KAR NC: 2025:KHC:34993 CP No. 219 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. 219 OF 2025 BETWEEN: SMT. PRIYANKA. V. R. D/O RANGAIAH, AGED ABOUT 32 YEARS, NO. 98, WARD NO. 16 RAJKUMAR NAGARA HASSAN - 573 202. …PETITIONER (BY SRI. LINGARAJU K.R, ADVOCATE) AND: SRI. MADHUNIRANJAN SWAMY M.S, S/O SHIVANNA P AGED ABOUT 38 YEARS NO. 48, MAHAVEERA NILAYA OPP., SIDDARUDA MATT AMARA JYOTHI NAGARA MARALURU POST, TUMKUR - 572 102. …RESPONDENT (BY SRI. MADHUSUDHAN M.N, ADVOCATE) THIS CP IS FILED UNDER SECTION 24 OF CPC, PRAYING TO TRANSFER THE M.C.NO.25/2024, WHICH IS PENDING ON THE FILE OF THE COURT OF PRINCIPAL JUDGE FAMILY COURT Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:34993 CP No. 219 of 2025 TUMKUR TO FAMILY COURT AT HASSAN, 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 to withdraw M.C.No.25/2024 initiated by the respondent - husband for dissolution of marriage pending on the file of the Principal Judge, Family Court, Tumkur and transfer the same to the Family Court at Hassan. 2. Heard learned counsel for the petitioner and learned counsel for the respondent. 3. The marriage between the petitioner and the respondent was solemnized on 04.07.2021 as per the customs prevailing in their community. Due to uncordial relationship, they have been residing separately for quite sometime. 4. Learned counsel for the petitioner submits that the petitioner is residing at Hassan and has instituted Criminal - 3 - HC-KAR NC: 2025:KHC:34993 CP No. 219 of 2025 Miscellaneous under Section 125 of the Code of Criminal Procedure, 1973 seeking maintenance before the Hassan Court. The respondent - husband has filed the petition for divorce at Tumkuru. The travel distance between Hassan to Tumkur is around 120 kilometres and frequent travel over such a distance would cause great hardship and inconvenience to the petitioner. It is further submitted that the respondent - husband is residing at Canada, therefore no prejudice or hardship would be caused to the respondent if the case is transferred to Hassan. 5. Learned counsel appearing for the respondent fairly submits that the husband is indeed residing at Canada. 6. The cardinal principle involving in matrimonial cases where the wife seeks for transfer under Section 24 of the Code of Criminal Procedure is the convenience of the wife rather than the inconvenience that would be caused to the husband. 7. The Apex Court in the case of N.C.V. Aishwarya Vs. A.S.Saravana Karthik - 4 - HC-KAR NC: 2025:KHC:34993 CP No. 219 of 2025 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. Thus, the cardinal principle is the convenience of the wife than the inconvenience caused to the husband. 8. This court notes that the petitioner is residing at Hassan; the travel distance between Hassan to Tumkur is around 120 kilometers. The admitted position is that the respondent - husband is residing at abroad in Canada. His place of residence being outside India makes the venue of trial within Karnataka largely immaterial to him and no hardship would be caused to him by transferring the case to Hassan. On the other hand, if the petition for transfer is not allowed, great inconvenience and hardship will be caused to the petitioner. In the circumstances, the petition needs to be allowed and this court pass the following: 1Civil Appeal No.4894/2022 - 5 - HC-KAR NC: 2025:KHC:34993 CP No. 219 of 2025 O R D E R (i) Civil petition is allowed. (ii) M.C.No.25/2024 pending on the file of the Principal Judge, Family Court, Tumkur is withdrawn and transferred to the Family Court at Hassan. (iii) Parties to appear before the Family Court at Hassan on 10.10.2025 without waiting for further notice. Sd/- _____________________ JUSTICE K.S. HEMALEKHA SS List No.: 1 Sl No.: 13 CT: BHK