- 1 - HC-KAR NC: 2025:KHC:29696 CP No. 227 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. 227 OF 2023 BETWEEN: SMT. RASHMI R.K. @ NAYANA, W/O SHIVARAJ G P @ SANTHOSH, D/O LATE RAJASHEKHAR AGED ABOUT 27 YEARS, R.AT:391., B BLOCK, SRINAGAR 5th CROSS, J P NAGAR, MYSURU-570 008 …PETITIONER (BY SRI. RAJASHEKHAR K.,ADVOCATE) AND: SRI. SHIVARAJ G.P. @ SANTOSH, S/O G S GURUPRAKASH, AGED ABOUT 34 YEARS, R.AT # 1962/17, 5th CROSS, VINAYAKA LAYOUT, VIDYANAGAR DAVANGERE 577 006 …RESPONDENT (RESPONDENT SERVED) Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:29696 CP No. 227 of 2023 THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CPC, 1908, PRAYING TO ALLOW THE ABOVE CIVIL PETITION AND TRANSFER THE M.C. NO. 77/2023 (ANNEXURE-D) ON THE FILE OF FAMILY COURT JUDGE, DAVANAGERE TO THE COURT OF II ADDL. FAMILY COURT JUDGE, MYSORE FOR TRAIL AND PASS SUCH OTHER ORDER AS THIS HONBLE COURT MAY DEEMS FIT UNDER THE CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR FINAL HEARING, 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 transfer of MC No.77/2023 filed by the respondent- husband seeking restitution of conjugal rights before the Family Court Judge, Davanagere, and transfer the same to the II Additional Principal Judge, Family Court, Mysuru, where Crl.Misc. No.745/2022 filed by the petitioner-wife is pending adjudication - 3 - HC-KAR NC: 2025:KHC:29696 CP No. 227 of 2023 2. Heard the learned counsel for the petitioner. Although the respondent is duly served with notice, he has chosen to remain absent and none appears on his behalf. 3. The marriage between the petitioner and the respondent was solemnized on 04.06.2021 as per the customs prevailing in their community. Due to un-cordial relationship, the parties have been living separately for quite some time. 4. Learned counsel for the petitioner submits that the petitioner has instituted Crl.Misc. No.745/2022 on the file of the II Additional Principal Judge, Family Court, Mysuru whereas the respondent has filed MC No.77/2023 before Family Court Judge, Davanagere. It is further submitted that the travel distance from Mysuru to Davanagere is more than 250 kilometers, thereby causing undue hardship and inconvenience to the petitioner in attending the proceedings at Davanagere. 5. The cardinal principle in matrimonial cases where the wife seeks to invoke Section 24 of CPC, is - 4 - HC-KAR NC: 2025:KHC:29696 CP No. 227 of 2023 generally convenience of the wife to be the paramount concern than the inconvenience caused to 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 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 1 Civil Appeal No.4894/2022 - 5 - HC-KAR NC: 2025:KHC:29696 CP No. 227 of 2023 paradigm in the Indian society, generally, it is the wife’s convenience which must be looked at while considering transfer.” 7. Since the petitioner would be put to undue hardship by traveling over 250 kilometers to Davanagere while her Crl.Misc.No.745/2022, is at Mysuru, transfer is warranted to secure her convenience and avoid multiplicity of proceedings. 8. For the foregoing reasons, this Court pass the following: ORDER i. The Civil Petition is allowed. ii. MC No.77/2023 pending on the file of the Family Court Judge, Davanagere is withdrawn and transferred to II Additional Principal Judge, Family Court, Mysuru, to be tried along with Crl.Misc.No.745/2022. iii. The parties shall appear before the II Additional Principal Judge, Family Court, - 6 - HC-KAR NC: 2025:KHC:29696 CP No. 227 of 2023 Mysuru on 06.09.2025 without waiting for further notice. iv. Since the respondent has not entered his appearance, in the event he does not appear before the Family Court on the said date, the concerned Court take appropriate steps/course. Sd/- _____________________ JUSTICE K.S. HEMALEKHA SMC List No.: 1 Sl No.: 1