- 1 - HC-KAR NC: 2025:KHC:29697 CP No. 414 of 2023 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. 414 OF 2023 BETWEEN: 1. SMT SHRUTHI M D W/O H S MANJUNATHA D/O DASHARATHA GOWDA AGED 26 YEARS R/AT MARIKUPPAM VILLAGE, ROBERTSONPET HOBLI, K.G.F TALUK, KOLAR DISTRICT 563 113 …PETITIONER (BY SRI. M B CHANDRACHOODA., ADVOCATE) AND: 1. SRI H S MANJUNATHA S/O SRIRAMAPPA, AGED 36 YEARS, R/AT HOLLAMBAHALLI VILLAGE, HUTHUR HOBLI, KOLAR TALUK AND DISTRICT 563 103 …RESPONDENT (BY SMT. SUMATHI S., ADVOCATE) Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:29697 CP No. 414 of 2023 THIS CIVIL PETITION IS FILED UNDER SEC.24 OF CPC, PRAYING TO I) ORDER FOR TRANSFER OF M.C.NO.143/2022 PENDING ON THE FILE OF THE PRINCIPAL JUDGE, FAMILY COURT AT KOLAR TO THE SENIOR CIVIL JUDGE AND PRINCIPAL JMFC, K.G.F, FOR DISPOSAL IN ACCORDANCE WITH LAW. II) GRANT SUCH OTHER RELIEF/S AS DEEMED FIT IN THE CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE. 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 for transfer of M.C.No.143/2022 filed by the respondent- husband, pending on the file of the Principal Judge, Family Court at Kolar to the Court of Senior Civil Judge and Principal JMFC, K.G.F, wherein D.V.C.No.12/2022 filed by the petitioner is pending consideration. 2. Heard the learned counsel appearing for the petitioner and learned counsel appearing for the respondent and perused the material on record. - 3 - HC-KAR NC: 2025:KHC:29697 CP No. 414 of 2023 3. It is not in dispute that the petitioner is the legally wedded wife of respondent and their marriage was solemnized on 14.12.2021 as per Hindu customs and rituals. From their wedlock, they have a child aged about two years, who is presently in the care and custody of the petitioner. Due to un-cordial relationship between the petitioner and the respondent, they are living separately for quite some time. 4. The learned counsel for the respondent submits that in MC No.143/2022, pending before the Family Court, the Court has already directed payment of Rs.1,000/- per appearance towards conveyance charges to the petitioner- wife. Therefore, it is contended that the petitioner-wife can attend the proceedings at Kolar regularly without having any financial constraints. 5. Learned counsel for the petitioner contends that apart from financial constraints, the primary ground for seeking transfer of M.C.No.143/2022 from Family Court at Kolar to KGF is her convenience. It is submitted that the - 4 - HC-KAR NC: 2025:KHC:29697 CP No. 414 of 2023 petitioner is residing at KGF and the distance to Kolar is more than 50 kilometers, which requires considerable travel time and effort. It is submitted that the petitioner- wife has initiated D.V.C. No.12/2022 on 31.10.2022, seeking maintenance of Rs.30,000/- for herself and her minor child against the respondent before the KGF Court. The respondent has entered appearance and filed his objections. Thereafter, the respondent-husband has initiated M.C. No.143/2022 under Section 9 of the Hindu Marriage Act, 1955, seeking restitution of conjugal rights before the Principal Judge, Family Court at Kolar. 6. The cardinal principle in matrimonial cases where the wife seeks to invoke Section 24 of CPC, is the convenience of the wife than the inconvenience caused to the husband. 7. In similar circumstances, the Apex Court in the case of N.C.V. Aishwarya Vs. A.S.Saravana Karthik - 5 - HC-KAR NC: 2025:KHC:29697 CP No. 414 of 2023 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 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.” 8. In the present case, the travel distance between Kolar and KGF is over 50 kilometers. The petitioner-wife is residing at KGF and has a minor child aged about 2 years. Considering her responsibilities and 1 Civil Appeal No.4894/2022 - 6 - HC-KAR NC: 2025:KHC:29697 CP No. 414 of 2023 the practical difficulty of such travel, it becomes difficult to attend the proceedings initiated by the respondent- husband at the Family Court at Kolar. 9. For the foregoing reasons, this Court pass the following: ORDER i. The Civil Petition is allowed. ii. M.C.No.143/2022 pending on the file of the Principal Judge, Family Court at Kolar is withdrawn and transferred to the Court of Senior Civil Judge and Principal JMFC, K.G.F, to be called along with D.V.C.No.12/2022 iii. The parties shall appear before the Court of Senior Civil Judge and Principal JMFC, K.G.F, on 03.09.2025 without waiting for further notice. Sd/- _____________________ JUSTICE K.S. HEMALEKHA SMC/List No.: 1 Sl No.: 2