- 1 - HC-KAR NC: 2025:KHC:36496 CP No. 420 of 2024 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.420 OF 2024 BETWEEN: SMT. SANDHYA S.M. W/O DINESH T.C. AGED ABOUT 29 YEARS, R/AT NO.16/A, GAYITHRI LAYOUT, RAMASANDRA, RAMASANDRA POST, SULIKERE, BENGALURU DISTRICT-560 060. …PETITIONER (BY SRI PURUSHOTHAMA H.E., ADVOCATE) AND: SRI DINESH T.C. S/O CHANDRASHEKARAIAH T.N. AGED ABOUT 36 YEARS, R/AT TARURU VILLAGE AND POST KALLAMBELLA HOBLI, SIRA TALUK-572125 TAMAKURU DISTRICT. …RESPONDENT (NOTICE TO RESPONDENT SERVED AND UNREPRESENTED) THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF THE CODE OF CIVIL PROCEDURE PRAYING THAT THIS HON’BLE COURT MAY KINDLY BE PLEASED TO ALLOW THE PETITION BY WITHDRAWING THE M.C.NO.60/2023 PENDING ON THE FILE OF IN THE COURT OF SENIOR CIVIL JUDGE AND JMFC AT SIRA AND TRANSFER THE SAME TO THE PRINCIPAL FAMILY JUDGE AT BANGALURU IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:36496 CP No. 420 of 2024 CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL ORDER The present petition is filed by the wife seeking to withdraw and transfer M.C.No.60/2023, instituted by the respondent-husband seeking dissolution of marriage by invoking provision under Section 13(1)(ia) and (ib) of the Hindu Marriage Act, 1955 (‘Act’ for short), pending on the file of the Court of the Senior Civil Judge and JMFC, Sira to the Court of Principal Judge, Family Court, Bengaluru. 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 01.12.2024, as per the customs prevailing in their community. Due to un-cordial relationship the parties are residing separately for quite some time. - 3 - HC-KAR NC: 2025:KHC:36496 CP No. 420 of 2024 4. Learned counsel for the petitioner submits that the petitioner is residing and employed in Bengaluru, having care and custody of the minor child, aged about 9 years, who is studying in 2nd standard. It is urged that the travel distance between Bengaluru and Sira is around 120 kilometers one way, which would cause undue hardship and great inconvenience to the petitioner in attending the proceedings initiated by the respondent-husband at Sira. 5. It is a cardinal principle underlying matrimonial matters that when the wife seeks transfer of proceedings by invoking the provisions of 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 travel distance between Bengaluru and Sira is around 120 kilometers one way. The petitioner is having care and custody of a minor child, which makes it all the more difficult for her to travel all the way to Sira to attend the proceedings initiated by the husband. - 4 - HC-KAR NC: 2025:KHC:36496 CP No. 420 of 2024 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 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: 1 Civil Appeal No.4894/2022 - 5 - HC-KAR NC: 2025:KHC:36496 CP No. 420 of 2024 ORDER i. The Civil Petition is allowed. ii. M.C.No.60/2023 pending on the file of the Court of the Senior Civil Judge, Sira is withdrawn and transferred to the Principal Judge, Family Court, Bengaluru. iii. The parties shall appear before the Principal Judge, Family Court, Bengaluru on 16.10.2025 without awaiting for further notice. iv. Since the respondent is not present before this Court, in the event he does not appear before the Principal Judge, Family Court, Bengaluru on the said date, the concerned Court to take appropriate steps/course in accordance with law. Sd/- ____________________ JUSTICE K.S. HEMALEKHA AT List No.: 1 Sl No.: 6