- 1 - HC-KAR NC: 2025:KHC:36764 CP No. 195 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.195 OF 2024 BETWEEN: SMT. CHAITHRA M.S. W/O MANJUNATHA K.S. D/O SHEKARAPPA, AGED ABOUT 28 YEARS, RESIDING AT MADALU VILLAGE, KANAKATTE HOBLI, ARSIKERE TALUK, HASSAN DISTRICT-573117. …PETITIONER (BY SRI RAMESHA H.E., ADVOCATE) AND: SRI MANJUNATHA K.S. S/O LATE SHIVANNA, AGED ABOUT 42 YEARS, RESIDING AT SRIKANTA NILAYA, INFRONT OF BSNL GUEST HOUSE, KUNIGAL ROAD, MALLURU, TUMKURU TALUK, TUMKURU DISTRICT, KARNATAKA-572101. CURRENTLY RESIDENT AT SOWMYA NILAYA, 2 “B” CROSS, MARUTHI NAGARA, TUMKURU TALUK, TUMAKURU DISTRICT. …RESPONDENT (BY SRI B.N. MAHESH CHANDRA, ADVOCATE) THIS CIVIL PETITION IS FILED UNDER SECTION 24 CODE OF CIVIL PROCEDURE, 1908 PRAYING THAT THIS HON’BLE COURT MAY BE PLEASED TO PASS AN ORDER OF TRANSFERRING M.C.NO.36/2024 PENDING ON THE FILE OF THE I ADDITIONAL PRINCIPAL JUDGE FAMILY COURT, TUMAKURU TO ADDL. CIVIL JUDGE AND JMFC, ARSIKERE, IN THE INTEREST OF JUSTICE AND EQUITY. Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:36764 CP No. 195 of 2024 THIS 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 to withdraw and transfer M.C.No.36/2024, instituted by the respondent-husband for restitution of conjugal rights under Section 9 of the Hindu Marriage Act, 1955 (‘the Act’ for short), pending on the file of the I Additional Principal Judge, Family Court, Tumakuru to the Senior Civil Judge and JMFC, Arsikere. 2. Heard the learned counsel for the petitioner. Though the respondent is served, there is no representation. 3. The marriage between the petitioner and respondent was solemnized on 13.11.2014, as per the customs prevailing in the community. From the wedlock, two children were born, aged about 8 years and 4 years. - 3 - HC-KAR NC: 2025:KHC:36764 CP No. 195 of 2024 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 at Madalu Village, Arsikere along with her parents and has care and custody of two children, aged about 8 years and 5 years. It is submitted that the travel distance between Madalu Village and Arsikere is about 27 kms and from Arsikere to Tumakuru, where the husband has instituted proceedings against her, is around 80 kms. Such distance and responsibility of caring for two young children causes great hardship and inconvenience to the petitioner in attending the proceedings at Tumakuru, hence transfer to Arsikere is warranted for her convenience. 5. 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 - 4 - HC-KAR NC: 2025:KHC:36764 CP No. 195 of 2024 the inconvenience that may be caused to the husband. In the instant case, the petitioner aged about 28 years has the care and custody of her minor children, aged about 8 and 4 years. The travel distance between Madalu Village and Tumakuru is approximately 117 kilometers one way, causing great hardship and inconvenience to the petitioner in attending the proceedings initiated by the husband at Tumakuru. 6. 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 1 Civil Appeal No.4894/2022 - 5 - HC-KAR NC: 2025:KHC:36764 CP No. 195 of 2024 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, the civil petition is warranted and this Court pass the following: ORDER i. The Civil Petition is allowed. ii. M.C.No.36/2024 pending on the file of the I Additional Principal Judge, Family Court, Tumakuru is withdrawn and transferred to the **Senior Civil Judge and JMFC, Arsikere. iii. Parties shall appear before the **Senior Civil Judge & JMFC, Arsikere on 15.10.2025 without awaiting for further notice. Sd/- _____________________ JUSTICE K.S. HEMALEKHA MBM List No.: 1 Sl No.: 3 *Corrected vide Chamber Order dated 30.10.2025 **Corrected vide Chamber Order dated 10.12.2025