- 1 - HC-KAR NC: 2025:KHC:28879 CP No. 316 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JULY, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA CIVIL PETITION NO. 316 OF 2024 BETWEEN: SMT. KAVYA M R., W/O SHRAVITH. K.L, AGED ABOUT 28 YEARS, PRESENTLY RESIDING AT, GANAPATHI NAGAR, 2ND CROSS, NEAR ANJANEYA SWAMY TEMPLE, SOLDEVANAHALLI, BENGALURU - 560090 …PETITIONER (BY SRI RAGHUNANDAN S., ADVOCATE) AND: SHRAVITH K L., S/O LAKSHMIPATHI. K.N., AGED ABOUT 28 YEARS, RESIDING AT K. RAMPURA, KADABA HOBLI, GUBBI TALUK, TUMKUR DISTRICT – 572 219. …RESPONDENT (BY SRI MADHU C S., ADVOCATE) THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF THE CODE OF CIVIL PROCEDURE, PRAYING THAT THIS HON’BLE COURT MAY BE PLEASED TO TRANSFER MC NO.05/2024 FILED BY THE RESPONDENT AGAINST THE PETITIONER WHICH IS PENDING IN THE COURT OF THE PRL. SR. CIVIL JUDGE AND JMFC, GUBBI AND ALLOW THIS PETITION WITH COST AND GRANT SUCH OTHER RELIEFS AS THIS HON’BLE COURT DEEMS FIT, IN THE INTEREST OF JUSTICE AND EQUITY. Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:28879 CP No. 316 of 2024 THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL ORDER This petition by the petitioner-wife seeking to transfer M.C.No.05/2024 filed by the respondent-husband pending on the file of Principal Senior Civil Judge and JMFC, Gubbi to the Family Court at Bengaluru. 2. Heard the learned counsel appearing for the petitioner and learned counsel appearing for the respondent and perused the material on record. 3. Learned counsel appearing for the petitioner would contend that the petitioner-wife is having care and custody of a minor child aged about 5 years. Further, her father with whom she is presently residing has recently suffered a Brain Stroke. In support of this contention, the petitioner has produced the report of Nava Sanjeevani Diagnostic center relating to her father’s condition. It is - 3 - HC-KAR NC: 2025:KHC:28879 CP No. 316 of 2024 the contention that the travel distance from Bengaluru to the Court at Gubbi is approximately 100 kilometers causing serious inconvenience to the petitioner-wife. 4. Per contra, learned counsel appearing for the respondent submits that the respondent is staying at Gubbi and has initiated proceedings under Section 13(1) (i-a) of the Hindu Marriage Act, 1955 seeking dissolution of marriage on the ground of cruelty by petitioner-wife. It is further submitted that the petitioner can very well travel to Gubbi to attend the proceedings, as the distance from Bengaluru is only around 100 kilometers. 5. It is undisputed that petitioner and the respondent are husband and wife, their marriage being solemnized on 19.11.2018. 6. The cardinal principle in matrimonial cases where the wife seeks to invoke Section 24 of CPC, is the convenience of the wife than the inconvenience caused to the husband. In the instant case, the travel distance from - 4 - HC-KAR NC: 2025:KHC:28879 CP No. 316 of 2024 Bengaluru to Gubbi is around 100 kilometers, she has got a minor daughter aged about 5 years, her father is suffering from Brain Stroke, making more difficult for the wife to travel all the way to Gubbi to attend the proceedings initiated by the husband. 7. In similar circumstances, the Apex Court in the case of N.C.V. Aishwarya Vs. A.S.Saravana Karthik Sha1 (Aishwarya) has held that 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 1 Civil Appeal No.4894/2022 - 5 - HC-KAR NC: 2025:KHC:28879 CP No. 316 of 2024 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.” 8. For the foregoing reasons, this Court pass the following: ORDER i. The Civil Petition is allowed. ii. M.C.No.05/2024 pending on the file of Principal Senior Civil Judge and JMFC, Gubbi is withdrawn and transferred to Family Court at Bengaluru. iii. The parties shall appear before the Family Court, Bengaluru, on 11.08.2025 without awaiting for further notice. - 6 - HC-KAR NC: 2025:KHC:28879 CP No. 316 of 2024 iv. It shall be open to the learned Principal Judge, Family Court, Bengaluru, to assign the transferred case to an appropriate Court. Sd/- _____________________ JUSTICE K.S. HEMALEKHA AT List No.: 1 Sl No.: 2