- 1 - HC-KAR NC: 2025:KHC-D:15359 CP No. 100192 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 11TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE C M JOSHI CIVIL PETITION NO. 100192 OF 2025 BETWEEN: SMT. SHAMBHAVI W/O. SHANKRAPPA KALMANI, AGE: 53 YEARS, OCC. HOUSEHOLD, R/O. HOUSE NO.1-5-175, NEAR BALAJI COMPLEX, GOODSHED ROAD STATION AREA, RAICHUR, TQ. AND DIST. RAICHUR-584101. …PETITIONER (BY SRI. B.C. JNANAYYASWAMI, ADVOCATE) AND: SRI. SHANKRAPPA S/O. SHIVANAPPA KALMANI, AGE: 58 YEARS, OCC. MANAGER, LIC OF INDIA SRINGERI, R/O. KUKANOOR, TQ. KUKANOOR, DIST. KOPPAL-583239. …RESPONDENT (RESPONDENT-HELD SUFFICIENT) THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CPC, PRAYING TO PASS APPROPRIATE DIRECTION OR ORDER TO TRANSFER THE PROCEEDINGS IN M.C.NO 11/2025 PENDING ON THE FILE OF LEARNED SENIOR CIVIL JUDGE AND JMFC COURT AT YELBURGA, TO LEARNED PRINCIPAL JUDGE FAMILY COURT, RAICHUR, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: YASHAVANT NARAYANKAR Digitally signed by YASHAVANT NARAYANKAR Date: 2025.11.13 10:24:04 +0530 - 2 - HC-KAR NC: 2025:KHC-D:15359 CP No. 100192 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE C M JOSHI) Heard learned counsel appearing for the petitioner. 2. The petitioner is the wife of respondent. The petitioner contends that the respondent has filed M.C.No.11/2025 before the Senior Civil Judge and JMFC Court at Yelburga and she being a resident of Raichur, the said proceedings be transferred to the Principal Judge, Family Court, Raichur, as it is inconvenient for her to attend the Court at Yelburga. The petitioner contends that she was married to the respondent in the year 1999 and they have no children. It is stated that since after two years of the marriage, they are not residing together and there is a matrimonial dispute. It is submitted that at this age, it is difficult for her to attend the Court at Yelburga as she has to travel more than 180 kilometres to attend the Court. She is residing in her parental house with difficulty and she in pursuance to the maintenance petition as O.S.No. 27/2000 filed by her, is being paid a sum of Rs.1,000/- per month as maintenance. Therefore, she seeks transfer of the case from Yelburga to Raichur. - 3 - HC-KAR NC: 2025:KHC-D:15359 CP No. 100192 of 2025 3. On a careful perusal of the available records, it is seen that the respondent has filed the petition for divorce at Senior Civil Judge and JMFC Court at Yelburga in M.C.No.11/2025. The decisions by this Court and various other Courts have observed that the place of residence of the wife would be a preferred place for adjudication of the family matters. 4. This Court in the case Smt. M. V. Rekha v. Sri Sathya @ Suraj - ILR 2010 KAR 5407 at Paragraph No.15 has held as hereunder: "The cardinal principle for exercise of power under Section 24 of the Code of Civil Procedure is that ends of justice 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 either of the parties, the social strata of the spouses and behavioural pattern, their standard of life antecedent to marriage and subsequent thereon and the circumstances of either of the parties in eking out their livelihood and under whose protective umbrella they are seeking their sustenance to life. Generally, it is the wife's convenience which must be looked at while - 4 - HC-KAR NC: 2025:KHC-D:15359 CP No. 100192 of 2025 considering transfer. Further, when two proceedings in different Courts which raise common question of fact and law and when the decisions are interdependent, it is desirable that they should be tried together by the same Judge so as to avoid multiplicity in trial of the same issues and conflict of decisions (See Smt.NandaKishori v. S.B.Shiua Prakash AIR 1993 Kar 87, Sumita Singh v. Kumar Sanjay and Anr. AIR 2002 SC 396 and Smt.Swarna Gouri v. Sri Vinayak Pujar ILR 2007 Kar 4561)." (emphasis supplied) 5. Taking note of the inconvenience as made out by the petitioner and the law laid down in the above decision, which provides that convenience of the wife is an aspect that is to be taken note of while considering the transfer petitions, petition deserves to be allowed. Hence, the following: ORDER i. The petition is allowed. ii. The M.C.No.11/2025 pending on the file of the learned Senior Civil Judge and JMFC Court at Yelburga is hereby withdrawn and - 5 - HC-KAR NC: 2025:KHC-D:15359 CP No. 100192 of 2025 transferred to the learned Principal Judge, Family Court at Raichur for disposal in accordance with law. iii. Intimate both the courts accordingly. SD/- (C M JOSHI) JUDGE RKM CT:PA LIST NO.: 1 SL NO.: 5