- 1 - HC-KAR NC: 2025:KHC:35977 CP No. 155 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA CIVIL PETITION NO.155 OF 2024 BETWEEN: SMT. G.R. SHEELA W/O K.B. YUVARAJ, D/O M. RAMANNA, AGED ABOUT 38 YEARS, HOUSEWIFE, ALL ARE RESIDENTS OF NERALAGUNTE VILLAGE, NAYAKANAHATTI HOBLI, CHALLAKERE TALUK, CHITRADURGA DISTRICT-577536. …PETITIONER (BY SRI BALARAJ A.C., ADVOCATE) AND: SRI K.B. YUVARAJ S/O H.K. BASAIAH, AGED ABOUT 49 YEARS, ASSISTANT PROFESSOR, (PHYSICAL EDUCATION), AGRICULTURAL AND HORTICULTURAL COLLEGE, NAVULE, SHIVAMOGGA-577216. PERMANENT RESIDENT OF KONASAGARA VILLAGE, MOLAKALMURU TALUK, CHITRADURGA DISTRICT-577536. …RESPONDENT (NOTICE TO RESPONDENT SERVED & UNREPRESENTED) Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:35977 CP No. 155 of 2024 THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CPC, PRAYING THAT THIS HON’BLE COURT BE PLEASED TO ISSUE APPROPRIATE DIRECTION FOR TRANSFERRING THE PETITION IN M.C.NO.11 OF 2024 FILED BY THE RESPONDENT AND PENDING ON THE FILE OF THE LEARNED ITINERARY SENIOR CIVIL JUDGE AND JMFC., MOLAKALMURU TO LEARNED PRINCIPAL SENIOR CIVIL JUDGE AND JMFC., CHALLAKERE VIDE ANNEXURE-A AND ETC. 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.11/2024, initiated by the respondent-husband seeking dissolution of marriage under Section 13 of the Hindu Marriage Act, 1955 (‘the Act’ for short) pending on the file of the Senior Civil Judge and JMFC, Molakalmuru to the Principal Senior Civil Judge and JMFC, Challakere, where Criminal Miscellaneous No.377/2022 is pending adjudication. 2. Heard the learned counsel for the petitioner. Though the respondent has been served, he has chosen to remain absent. - 3 - HC-KAR NC: 2025:KHC:35977 CP No. 155 of 2024 3. The marriage between the petitioner and respondent was solemnized on 23.04.2006, as per the customs prevailing in their community. From the wedlock, two children are born, who are in care and custody of the petitioner. Due to un-cordial relationship between husband and wife, they are residing separately for quite some time. 4. Learned counsel for the petitioner submits that the petitioner is presently residing in Challakere along with her two minor children. She has instituted Criminal Miscellaneous No.377/2022 seeking maintenance which is pending consideration before the Court of the Principal Senior Civil Judge and JMFC, Challakere. It is further submitted that the travel distance between Challakere and Molakalmuru is approximately 56 kilometers one way, and such travel causes undue hardship and great inconvenience to the petitioner in attending the proceedings initiated by her husband. - 4 - HC-KAR NC: 2025:KHC:35977 CP No. 155 of 2024 5. It is a cardinal principle underlying matrimonial matters that when the wife seeks transfer 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 travel distance between Challakere and Molakalmuru is approximately 56 kilometers. The petitioner is having care and custody of her two minor children, which makes it all the more difficult for her to travel all the way to Molakalmuru to attend the proceedings initiated by the husband. 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 1 Civil Appeal No.4894/2022 - 5 - HC-KAR NC: 2025:KHC:35977 CP No. 155 of 2024 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: ORDER i. The Civil Petition is allowed. ii. M.C.No.11/2024 pending on the file of the Senior Civil Judge and JMFC at Molakalmuru is withdrawn and transferred to the Principal Senior Civil Judge and JMFC, Challakere and to be tried along with Crl.Misc.377/2022. iii. The petitioner shall appear before the Principal Senior Civil Judge and JMFC, Challakere on 15.10.2025 without awaiting for further notice. - 6 - HC-KAR NC: 2025:KHC:35977 CP No. 155 of 2024 iv. Since the respondent is not present before this Court, in the event he does not appear before the Principal Senior Civil Judge and JMFC, Challakere on the said date, the concerned Court to take appropriate steps/course. Sd/- ____________________ JUSTICE K.S. HEMALEKHA AT List No.: 1 Sl No.: 3