- 1 - HC-KAR NC: 2025:KHC:36767 CP No. 240 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA CIVIL PETITION NO.240 OF 2025 BETWEEN: SMT. PRIYANKA PAUL W/O. WILSON ERNEST D/O. NARESH PAUL AGED ABOUT 31 YEARS, R/O: #1140, 2ND BLOCK, LALBAHADDUR SHASTRINAGAR, ANJANAPURA, KANAKAPURA ROAD, BENGALURU-560108. …PETITIONER (BY SRI MALLIKARJUNA N.S., ADVOCATE) AND: SRI WILSON ERNEST S/O. VIJAY KUMAR, AGED ABOUT 34 YEARS, PRIVATE JOB R/O LIG-17, OLD HUDCO COLONY, NEAR HANUMAN TEMPLE, VINOBHANAGAR, SHIVAMOGGA CITY. PIN-577201. …RESPONDENT (BY SMT. MONISHA N.S., ADVOCATE) THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF THE CIVIL PROCEDURE CODE, 1908 PRAYING TO TRANSFER THE PETITION IN M.C.NO.416/2024 ON THE FILE OF THE PRINCIPAL JUDGE, FAMILY COURT, SHIVAMOGGA TO THE HON’BLE FAMILY COURT, BENGALURU ADJUDICATION IN ACCORDANCE WITH LAW. 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:36767 CP No. 240 of 2025 ORAL ORDER The present petition is filed by the wife seeking to withdraw and transfer M.C.No.416/2024, instituted by the respondent-husband for dissolution of marriage under Section 10 (1) (x) of the Indian Divorce Act, 1869, pending on the file of the Principal Judge, Family Court, Shivamogga to the Family Court, Bengaluru. 2. Heard the learned counsel for the petitioner and learned counsel for the respondent. 3. The marriage between the petitioner and respondent was solemnized on 10.12.2017, as per the customs prevailing in the community. From the wedlock, two children were born, who are in care and custody of the petitioner. Due to un-cordial relationship between the couple, they have been residing separately for quite some time. 4. Learned counsel for the petitioner submits that the petitioner, is residing and employed in Bengaluru, has - 3 - HC-KAR NC: 2025:KHC:36767 CP No. 240 of 2025 the responsibility of caring of her two minor children, aged about 6 years and 4 years. The travel distance between Bengaluru and Shivamogga is approximately 300 kilometers one way, requiring over six to seven hours of travel. Such long and arduous travel causes serious hardship and inconveniences to the petitioner in attending the proceedings initiated by the respondent-husband at Shivamogga. 5. Per contra, learned counsel for the respondent- husband submits that in the year 2022, the respondent had filed a petition for restitution of conjugal rights at Shivamogga. The said petition was settled, and the petitioner had agreed to rejoin the matrimonial home, but she failed to do so. Left with no alternative, the respondent has now filed the present petition for divorce. It is pointed out that the petitioner had duly appeared and participated in the earlier proceedings at Shivamogga and therefore ,there is no impediment for her to appear before the same Court and contest the present proceedings. It is - 4 - HC-KAR NC: 2025:KHC:36767 CP No. 240 of 2025 further contended that the respondent is ready and willing to bear the travel and other incidental expenses of petitioner to attend the proceedings at Shivamogga. 6. It is a cardinal principle underlying matrimonial matters that when 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 be caused to the husband. In the instant case, the petitioner is residing and working at Bengaluru. The travel distance between Bengaluru and Shivamogga is approximately 300 kilometers one way. The petitioner is having care and custody of her two minor children, aged about six years and four years, which makes it more difficult for her to travel all the way to Shivamogga to attend the proceedings initiated by the husband. The contention of the respondent that the petitioner had appeared in the earlier proceedings at Shivamogga cannot, by itself, be a valid ground to deny transfer of the present proceedings. Likewise, the offer of - 5 - HC-KAR NC: 2025:KHC:36767 CP No. 240 of 2025 the respondent to bear the travel and incidental expenses of the petitioner cannot outweigh the inconvenience and hardship caused to the petitioner, particularly when she has responsibility of taking care of her two minor children. 7. 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 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 1 Civil Appeal No.4894/2022 - 6 - HC-KAR NC: 2025:KHC:36767 CP No. 240 of 2025 Indian society, generally, it is the wife’s convenience which must be looked at while considering transfer.” 8. For the foregoing reasons, the civil petition is warranted and this Court pass the following: ORDER i. The Civil Petition is allowed. ii. M.C.No.416/2024 pending on the file of the Principal Judge, Family Court, Shivamogga is withdrawn and transferred to the Family Court, Bengaluru. iii. Parties shall appear before the Family Court, Bengaluru on 23.10.2025 without awaiting for further notice. iv. The Principal Judge, Family Court, Bengaluru, to assign the transferred case to appropriate Court. Sd/- ____________________ JUSTICE K.S. HEMALEKHA MBM List No.: 1 Sl No.: 15