- 1 - HC-KAR NC: 2025:KHC:35980 CP No. 231 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA CIVIL PETITION NO.231 OF 2025 BETWEEN: SMT. KUSUMA R.P. W/O SRI KARTHIK .R AGED ABOUT 27 YEARS, RESIDING AT RAM NAGAR, BHADRA COLONY, BADRAVATHI, SHIVAMOGGA-577201. …PETITIONER (BY SRI PRAKASHA M., ADVOCATE) AND: SRI KARTHIK .R S/O RUDRAPPA .K AGED ABOUT 37 YEARS, R/AT NO.280, J.H. PATEL NAGAR, DOUBLE ROAD, BEHIND OPEN UNIVERSITY, SHAMANUR, DAVANAGERE-577001. …RESPONDENT (NOTICE TO RESPONDENT SERVED AND UNREPRESENTED) THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF THE CIVIL PROCEDURE CODE, 1908 PRAYING TO WITHDRAW THE M.C. PETITION NO.419/2023 ON THE FILE OF THE FAMILY COURT DAVANGERE AND SAME MAY BE TRANSFER TO BEFORE THE PRINCIPAL SENIOR CIVIL JUDGE AND JMFC AT BHADRAVATHI. 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:35980 CP No. 231 of 2025 ORAL ORDER The present petition is filed by the wife seeking to withdraw and transfer M.C.No.419/2023, instituted by the respondent-husband under Section 13 (1)(i-a) of the Hindu Marriage Act, 1955 (‘Act’ for short) seeking dissolution of marriage, pending on the file of the Family Court, Davanagere to the Court of Principal Senior Civil Judge and JMFC, Bhadravathi, where Criminal Miscellaneous No.132/2023 is pending adjudication. 2. Heard the learned counsel for the petitioner. Though the respondent is served, he chosen to remain absent. There is no representation. 3. The marriage between the petitioner and respondent was solemnized on 10.02.2023, as per the customs prevailing in their community. Due to un-cordial relationship they are residing separately for quite some time. - 3 - HC-KAR NC: 2025:KHC:35980 CP No. 231 of 2025 4. Learned counsel for the petitioner submits that the petitioner is residing at Bhadravathi along with her parents. The travel distance between Bhadravathi and Davanagere is approximately 95 kilometers one way, which causes undue hardship and great inconvenience to the petitioner in attending the proceeding initiated the respondent-husband in M.C.No.419/2023 at Davanagere. It is submitted that the petitioner has also instituted Criminal Miscellaneous No.132/2023 before the Court of Principal Senior Civil Judge and JMFC, Bhadravathi, seeking maintenance, which is already pending consideration. 5. It is a cardinal principle in matrimonial cases when the wife seeks transfer by invoking Section 24 of CPC, the paramount consideration is the convenience of the wife rather than the inconvenience that may be caused to the husband. In the instant case, the petitioner is residing at Bhadravathi and has also initiated proceedings in Criminal Miscellaneous No.132/2023, which is pending - 4 - HC-KAR NC: 2025:KHC:35980 CP No. 231 of 2025 adjudication before the Court of Principal Senior Civil Judge and JMFC, Bhadravathi. The travel distance between Bhadravathi and Davanagere is approximately 95 kilometers one way and such distance entails considerable hardship and great inconvenience to the petitioner in effectively prosecuting the proceedings instituted by the respondent. 6. In similar circumstances, the Apex Court in the case of N.C.V. Aishwarya Vs. A.S.Saravana Karthik Sha1 (Aishwarya) has held at paragraph 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 1 Civil Appeal No.4894/2022 - 5 - HC-KAR NC: 2025:KHC:35980 CP No. 231 of 2025 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.” 7. For the foregoing reasons, this Court pass the following: ORDER i. The Civil Petition is allowed. ii. M.C.No.419/2023 pending on the file of the Family Court, Davanagere is withdrawn and transferred to Court of the Principal Senior Civil Judge and JMFC, Bhadravathi and to be tried along with Crl.Misc.132/2023. iii. The petitioner shall appear before the Court of Principal Senior Civil Judge and JMFC, Bhadravathi on 24.10.2025 without awaiting for further notice. - 6 - HC-KAR NC: 2025:KHC:35980 CP No. 231 of 2025 iv. Since the respondent is not present before this Court, in the event he does not appear before the Principal Senior Civil Judge and JMFC, Bhadravathi on the said date, the concerned Court to take appropriate steps/course. Sd/- ____________________ JUSTICE K.S. HEMALEKHA AT List No.: 1 Sl No.: 10