- 1 - HC-KAR NC: 2025:KHC:37044 CP No. 286 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA CIVIL PETITION NO.286 OF 2025 BETWEEN: KAVYA M W/O RUDRESH C.G D/O MURUGESH MALLABADI, AGED ABOUT 29 YEARS, SOFTWARE ENGINEER, R/AT DOOR NO.311/1, SHIVABASAVA NIVASA, 1ST CROSS, NEW PINJARA GALLI, CHOWKIPET, DAVANAGERE-577 001, CURRENT ADDRESS, ARTERIA TECHNOLOGIES PVT. LTD., WHITEFIELD, BENGALURU, DOOR NO.109, GROUND FLOOR, BENAKA NIVASA, 2ND CROSS, NETRAVATHI ROAD, UDAYANAGAR, BENGALURU-560 016, …PETITIONER (BY SRI. R SHASHIDHARA.,ADVOCATE) AND: RUDRESH C G S/O GANESHAPPA C.V, AGED ABOUT 37 YEARS, SOFTWARE ENGINEER, R/AT DOOR NO.43/1A, NEAR BAKKESHWARA TEMPLE, CHOWKIPET, DAVANAGERE-577 001 …RESPONDENT (NOTICE TO RESPONDENT- RUDRESH C G SERVED AND UNREPRESENTED) Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:37044 CP No. 286 of 2025 THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CPC, PRAYING TO WITHDRAW THE M.C.NO.413/2024 PENDING ON THE FILE OF THE JUDGE FAMILY COURT AT DAVANAGERE AND TRANSFER THE SAME TO PRINCIPAL JUDGE FAMILY COURT AT BENGALURU, BY ALLOWING THIS PETITION, 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 to withdraw M.C.No.413/2024, instituted by the respondent-husband seeking dissolution of marriage, pending on the file of the Family Court, Davanagere, and transfer the same to the I Additional Principal Judge Family Court, Bengaluru, where M.C.No.3952/2025, instituted by petitioner-wife seeking restitution of conjugal rights is pending adjudication. 2. Heard the learned counsel appearing for the petitioner. 3. Learned counsel for the petitioner submits that petitioner is a software engineer employed at Bengaluru and the respondent is also working as a software engineer at - 3 - HC-KAR NC: 2025:KHC:37044 CP No. 286 of 2025 Bengaluru. It is further submitted that the petitioner has already instituted M.C.No.3952/2025, seeking restitution of conjugal rights, which is pending before the I Additional Principal Judge, Family Court, Bengaluru. It is contended that, in order to avoid multiplicity of proceedings and conflicting judgments it would be appropriate and expedient to have them tried before the same Court. It is further urged that the travel distance from Bengaluru to Davanagere is around 260 kilometres one way and compelling the petitioner to travel such a distance causes great hardship and inconvenience to the petitioner. 4. This Court has considered the submissions of the learned counsel for the petitioner. Though the respondent has been duly served, he has chosen to remain absent and is unrepresented. 5. The marriage between the petitioner and respondent was solemnized on 19.12.2022 as per the customs prevailing in their community. Due to an un-cordial - 4 - HC-KAR NC: 2025:KHC:37044 CP No. 286 of 2025 relationship between them, they are residing separately for quite some time. 6. The respondent-husband has instituted M.C.No.413/2024, before the Family Court, Davanagere, seeking dissolution of marriage while the petitioner-wife has instituted M.C.No.3952/2025, seeking restitution of conjugal rights before the I Additional Principal Judge Family Court, Bengaluru. To avoid conflicting of decisions, it would be just and expedient to have them tried before the same Court. It is not in dispute that the petitioner-wife is residing at Bengaluru and the travel distance from Bengaluru to Davanagere is around 250 kilometres one way. Compelling the petitioner to travel such a long distance would undoubtedly cause her hardship and great inconvenience. 7. The cardinal principle in matrimonial case where the wife seeks to transfer a matrimonial case by invoking Section 24 of Code of Civil Procedure, 1908, the paramount consideration of the Court is the convenience of the wife - 5 - HC-KAR NC: 2025:KHC:37044 CP No. 286 of 2025 rather than the inconvenience that may be caused to the husband. 8. The Apex Court in the case of N.C.V. Aishwarya Vs. A.S.Saravana Karthik Sha1 (Aishwarya) 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.” 1 Civil Appeal No.4894/2022 - 6 - HC-KAR NC: 2025:KHC:37044 CP No. 286 of 2025 9. For the foregoing reasons, this Court pass the following: ORDER i. The Civil Petition is allowed. ii. M.C.No.413/2024, pending on the file of the Family Court, Davanagere is withdrawn and transferred to the I Additional Principal Judge Family Court, Bengaluru, where M.C. No.3952/2025 is pending adjudication. iii. The parties shall appear before the I Additional Principal Judge Family Court, Bengaluru, on 12.11.2025 without waiting for further notice. iv. Since the respondent has not appeared before this Court, in the event he does not appear before the Trial Court, the concerned Court to take appropriate steps/course in accordance of law. Sd/- _____________________ JUSTICE K.S. HEMALEKHA RL List No.: 1 Sl No.: 12