- 1 - HC-KAR NC: 2025:KHC:29699 CP No. 317 of 2024 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. 317 OF 2024 BETWEEN: SMT USHA P W/O SRINIVAS D/O PARASHURAM K AGED ABOUT 30 YEARS R/O APARTMENT NO.111 SARITHA SPLENDER LSR XPMA MSM, SEETHA RAMA PALYA HOODI ROAD, HOODI, BANGALORE-560 048 AND ALSO RESIDING AT SMT USHA P W/O SRINIVAS D/O PARASHURAM K AGED ABOUT 30 YEARS R/O 4TH MAIN, 7TH CROSS, YALLAMMA NAGAR DEVRAJ URS LAYOUT DAVANAGERE-577006 …PETITIONER (BY SRI. SANTOSH R NELKUDURI., ADVOCATE) AND: SRINIVASA M S/O. MARADIGOWDA J.C. AGED ABOUT 33 YEARS, R/O. 1ST CROSS. Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:29699 CP No. 317 of 2024 KANAKA NAGARA SHIMOGA - 577201. …RESPONDENT (RESPONDENT SERVED) THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CPC, PRAYING THAT THIS HONBLE COURT MAY BE PLEASED TO WITHDRAW M.C. NO. 166/2024 ON THE FILE OF HON’BLE PRL JUDGE FAMILY COURT AT SHIMOGA AND TRANSFER THE SAME TO THE COURT OF HON’BLE FAMILY COURT, AT DAVANGERE IN M.C. NO.274/2024 FOR ADJUDICATION, IN THE INTEREST OF JUSTICE AND EQUITY. 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 petitioner-wife seeking to withdraw MC No.166/2024 filed by the respondent-husband, pending on the file of the Principal Judge, Family Court, Shivamogga and to transfer the same to the Family Court at Davanagere, where MC No.274/2024 filed by the petitioner-wife seeking divorce, is pending adjudication. - 3 - HC-KAR NC: 2025:KHC:29699 CP No. 317 of 2024 2. Heard learned counsel appearing for the petitioner. 3. Though the respondent is duly served with notice, he has chosen to remain absent and no one appears on his behalf. 4. The marriage between the petitioner and the respondent was solemnized on 12.05.2023 as per Hindu customs and rituals. Due to an un-cordial relationship between the parties, they are living separately for quite some time. 5. The learned counsel for the petitioner submits that MC No.166/2022 has been instituted by the respondent for restitution of conjugal rights before the Family Court at Shivamogga whereas the petitioner has filed MC No.274/2024 at the Family Court at Davanagere. It is submitted that the travel distance between Davanagere to Shivamogga is around 90 kilometers, whereby causing undue hardship and inconvenience to the - 4 - HC-KAR NC: 2025:KHC:29699 CP No. 317 of 2024 petitioner in attending proceedings at Davanagere and the convenience of the wife has to prevail. 6. The Apex Court in the case of N.C.V. Aishwarya Vs. A.S.Saravana Karthik Sha1(Aishwarya) has held that 'the ends of justice should demand the transfer' and, given the prevailing socioeconomic paradigm, "generally the wife's convenience must be looked at" while considering a transfer under Section 24 of CPC, in matrimonial matters Courts must weigh the economic and social circumstances of the parties.” Thus, the cardinal principle is the convenience of the wife than the inconvenience caused to the husband. In the instant case related proceedings is pending before the Family Court, Davanagere. The petitioner would be put to undue hardship by travelling 90 kilometers to Shivamogga while the petitioner is at Davanagere, transfer is warranted to secure her convenience and to avoid multiplicity of proceeding. 1Civil Appeal No.4894/2022 - 5 - HC-KAR NC: 2025:KHC:29699 CP No. 317 of 2024 7. For the foregoing reasons, this Court pass the following: ORDER i. The Civil Petition is allowed. ii. MC No.166/2024, pending on the file of the Principal Judge, Family Court, Shivamogga is withdrawn and transferred to the Family Court at Davanagere, where MC No.274/2024 is pending adjudication, and to be tried along with MC No.274/2024. iii. The petitioner shall appear before the Family Court at Davanagere, on 28.08.2025 without waiting for further notice. iv. Since the respondent is not present before this Court, in the event he does not appear before the Family Court on the said date, the concerned Court to take appropriate steps/course. Sd/- _____________________ JUSTICE K.S. HEMALEKHA SMC/List No.: 1 Sl No.: 4