- 1 - HC-KAR NC: 2025:KHC:37052 CP No. 9 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.9 OF 2025 BETWEEN: SMT. NAJMA BANU W/O SYED KHALANDAR AGED ABOUT 37 YEARS OCC HOUSEHOLD WORK, R/O K T J NAGAR, 3RD MAIN 9TH CROSS, BEHIND VIDYARTHI BHAVAN DAVANGERE - 577 001. …PETITIONER (BY SRI. R B DESHPANDE.,ADVOCATE) AND: SRI MOHAMMED KHALANDAR @ SYED KHALANDAR S/O SYED SAMIULLA AGED ABOUT 32 YEARS OCC: BUSINESS R/O GOPALAPURA ROAD, BEHIND MARAMMA TEMPLE, CHITRADURGA - 577 501. …RESPONDENT (NOTICE TO RESPONDENT – MOHAMMED KHALANDAR @ SYED KHALANDAR SERVED AND UNREPRESENTED) THIS CP IS FILED U/S. 24 OF CPC 1908, PRAYING TO WITHDRAW AND TRANSFER OS NO.133/2023 PENDING ON THE FILE OF 2ND ADDITIONAL CIVIL JUDGE AND JMFC, CHITRADURGA IN OS.NO.133/2023 TO FAMILY COURT, DAVANAGERE WHICH IS A COMPETENT COURT AND HAVING JURISDICTION TO TRY SUCH CASES, IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:37052 CP No. 9 of 2025 ORAL ORDER The present petition is filed by the petitioner-wife seeking to withdraw O.S.No.133/2023, instituted by the respondent-husband seeking restitution of conjugal rights, pending on the file of II Additional Civil Judge and JMFC, Chitradurga District and transfer the same to the Family Court, Davanagere. 2. Heard the learned counsel appearing for the petitioner. 3. It is the submission of the learned counsel for the petitioner that the petitioner has lodged a complaint against the respondent-husband before the Women Police Station, Davanagere and same is registered in Crime No.120/2022. Further, she has instituted Crl.Misc.No.176/2023 before Family Court, Davanagere under Section 125 Cr.P.C seeking maintenance. It is thereafter as a counter blast to the said proceedings, the respondent-husband has instituted O.S.No.133/2023 at - 3 - HC-KAR NC: 2025:KHC:37052 CP No. 9 of 2025 Chitradurga, seeking restitution of conjugal rights, only with an intention to harass the petitioner. The petitioner is presently residing at Davanagere along with her two minor children, aged about 10 years and 7 years. The travel distance from Davanagere to Chitradurga is approximately 60 kilometres one way. It is submitted that undertaking frequent travel, when she has care and custody of two minor children, even more causes great inconvenience in attending the proceedings at Chitradurga. 4. Though the notice was served, respondent has chosen to remain absent. 5. It is a cardinal principle that in matrimonial cases, where the wife seeks transfer of proceedings by invoking Section 24 of CPC, the paramount consideration is the convenience of the wife rather than the inconvenience that may caused to the husband. 6. In the present case, having regard to the facts of case, including the pendency of related proceedings at - 4 - HC-KAR NC: 2025:KHC:37052 CP No. 9 of 2025 Davangere, the residence of the petitioner and her minor children in her care and custody at Davangere, causes hardship of travelling to Chitradurga. 7. 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 - 5 - HC-KAR NC: 2025:KHC:37052 CP No. 9 of 2025 8. For the foregoing reasons, this Court is of the view that the request of the petitioner merits acceptance and this Court pass the following: ORDER i. The Civil Petition is allowed. ii. O.S.No.133/2023 pending on the file of II Additional Civil Judge and JMFC, Chitradurga is withdrawn and transferred to the Family Court, Davanagere to be heard along with Crl.Misc.No.176/2023. iii. The parties shall appear before the Court, on 23.10.2025 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. Sd/- _____________________ JUSTICE K.S. HEMALEKHA RL List No.: 1 Sl No.: 2