- 1 - HC-KAR NC: 2025:KHC:29768 CP No. 181 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF AUGUST, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA CIVIL PETITION NO. 181 OF 2025 BETWEEN: SMT. CHAITHRA M @ DHANALAKSHMI W/O SHUBHRATH A.R., AGED ABOUT 31 YEARS RESIDING NO-91. SRI HEMAGIRI MALLIKARJUNASWAMY NILAYA 6TH CROSS, NILAMBARIKA MARGA KALYANANAGAR, JYOTHINAGAR POST CHIKKAMAGALUR, KARNATAKA-577102. …PETITIONER (BY SMT. PREETHI G., ADVOCATE) AND: SRI. SHUBHRATH A.R., S/O REVAPPA A., AGED ABOUT 36 YEARS RESIDING AT NO 24, 5TH CROSS, BEHIND KAMAKYA THEATRE, KAMAKYA LAYOUT, BANASHANKARI 3RD STAGE, BENGALURU SOUTH, BENGALURU, KARNATAKA – 560085. …RESPONDENT (BY SMT. RAJARAJESHWARI T.S., ADVOCATE) THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CPC, PRAYING TO TRANSFER THE MC.NO.5258/2024 PENDING BEFORE I ADDITIONAL PRINCIPAL JUDGE BENGALURU TO PRINCIPAL JUDGE AT CHIKKAMAGALURU (ANNEXURE J) ALONG WITH CRL.MISC.172/2024 PENDING BEFORE THE PRINCIPAL JUDGE FAMILY COURT CHIKKAMAGALURU (ANNEXURE G) AND Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:29768 CP No. 181 of 2025 CC 357/2025 PENDING BEFORE THE II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC CHIKKAMAGALARU (ANNEXURE F). THIS CIVIL 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 wife seeking for transfer of M.C.No.5258/2024 instituted by the respondent/husband before the Court of I Additional Principal Judge Bengaluru to the Principal Judge, Family Court, Chikkamagaluru, where the petitioner has already instituted Crl.Misc.No.172/2024. 2. Heard the learned counsel appearing for the petitioner and learned counsel appearing for the respondent. Perused the material on record. 3. The petitioner is the legally wedded wife of respondent, and their marriage was solemnized on 13.12.2021 as per customs prevailing in their community. - 3 - HC-KAR NC: 2025:KHC:29768 CP No. 181 of 2025 Due to un-cordial relationship, they are residing separately for quite some time. 4. Learned counsel for the petitioner submits that the respondent has filed divorce petition before the Family Court at Bengaluru. The petitioner is residing at Chikkamagaluru along with her aged parents. Her father has been diagnosed with ‘acute exacerbation asthma’ and he was admitted in the Holy Cross Hospital at Chikkamagaluru on 05.11.2024 and continues to remain under treatment. Learned counsel submits that the travel distance between Chikkamagaluru and Bengaluru is more than 250 kilometers causing inconvenience to the petitioner. The petitioner has also filed Crl.Misc.No.172/2024 before the Family Court, Chikkamagaluru and no maintenance has yet been awarded in Crl.Misc.No.172/2024. It is submitted that the travel distance and the financial constraints withholds the petitioner from attending the proceedings initiated by the respondent-husband. - 4 - HC-KAR NC: 2025:KHC:29768 CP No. 181 of 2025 5. Per contra, learned counsel for the respondent while opposing the petition contends that the civil petition has to be dismissed in limine. It is submitted that the respondent-husband is suffering from Chronic Type 1 diabetes, which was diagnosed after the marriage requiring insulin 4 times a day, leading to fatigue and dizziness. It is submitted that the respondent-husband has been diagnosed with Gall Bladder stones and has been advised rest. It is therefore submitted that the transfer of case to Chikkamagaluru would cause extreme hardship to the respondent. 6. It is settled principle of law in catena of decisions in line, that in matrimonial disputes where the wife seeks transfer under Section 24 of CPC, the convenience of the wife is to be given paramount consideration over the inconvenience caused to the husband, unless exceptional hardship is demonstrated. The respondent’s ailments cited are Type I diabetes and - 5 - HC-KAR NC: 2025:KHC:29768 CP No. 181 of 2025 Gall Bladder stones. The ailments mentioned are conditions of normal life. There is no material that travel would worsen his condition. On the contrary, the petitioner has established compelling grounds for transfer. She is residing in Chikkamagaluru with aged and ailing father. The financial constraints and the difficulty of repeated long distance travel especially in the absence of maintenance are genuine. 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 1 Civil Appeal No.4894/2022 - 6 - HC-KAR NC: 2025:KHC:29768 CP No. 181 of 2025 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. The Apex Court in Sumita Singh Vs. Kumar Sanjay and Another2 (Sumita Singh) has held that the convenience of the wife would be paramount concern to avoid hardship to the wife. The inconvenience caused to the husband must be weighed against the hardship caused to the wife. Unless the husband has made out any extreme contingence which makes his travel difficult, the convenience of the wife should prevail. In the circumstances, this Court finds less merit in the contention raised by the respondent and this Court pass the following: 2 (2001) 10 SCC 41 - 7 - HC-KAR NC: 2025:KHC:29768 CP No. 181 of 2025 ORDER i. The Civil Petition is allowed. ii. M.C.No.5258/2024 pending on the file of I Additional Principal Judge Bengaluru is withdrawn and transferred to Principal Judge, Family Court at Chikkamagaluru and to be tried along with Crl.Misc.No.172/2024. iii. The parties shall appear before the Principal Judge, Family Court, Chikkamagaluru, on 19.08.2025 without waiting for further notice. Sd/- ____________________ JUSTICE K.S. HEMALEKHA AT / List No.: 1 Sl No.: 20