Karnataka High Court
Smt Tejaswini P vs Sri Naveen on 29 July, 2025
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NC: 2025:KHC:28990
CP No. 281 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF JULY, 2025
BEFORE
THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA
CIVIL PETITION NO. 281 OF 2024
BETWEEN:
SMT TEJASWINI P
W/O. SRI. NAVEEN B.V
D/O. PUTTEGAUD, AGED ABOUT 34 YEARS,
RESIDING AT NO.644/5
K.P.T.C.L OFFICE, OPP. HUNSUR MAIN ROAD
HOOTAGALLI, BELAVADI POST
MYSORE-570 018
...PETITIONER
(BY SRI. K S BHEEMAIAH.,ADVOCATE)
AND:
SRI NAVEEN
S/O. LATE. B.H. VEEREGOWDA
AGED ABOUT 44 YEARS
Digitally signed by RESIDENT OF 7TH CROSS ROAD
MAHALAKSHMI B M
Location: HIGH LAKSHMI NILAYA DEVARAJ URS ROAD OPP. TO S.S.I.T
COURT OF COLLEGE SARASWATHIPURAM ROAD,
KARNATAKA
TUMKUR - 572101
AND ALSO, AT
CHOWDANA KUPPE VILLAGE
HULIYURDURGA HOBLI
KUNIGAL TALUK
TUMAKURU DISTRICT.-572130
...RESPONDENT
(NOTICE SERVED BUT UNREPRESENTED)
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NC: 2025:KHC:28990
CP No. 281 of 2024
HC-KAR
THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF
THE CODE OF CIVIL PROCEDURE, PRAYING THAT THIS
HON'BLE COURT MAY BE PLEASED TO WITHDRAW THE
PETITION IN M.C. NO. 54/2024 PENDING ON THE FILE OF THE
ADDL SENIOR CIVIL JUDGE AND JMFC, AT KUNIGAL,
TUMAKURU, WHICH IS PRODUCED AT ANNEXURE-C AND
TRANSFER THE SAME TO THE FAMILY COURT AT MYSORE, AND
TO TRY AND DISPOSE OF THE SAME IN ACCORDANCE WITH
LAW AND PASS SUCH OTHER ORDER/S THAT THIS HONBLE
COURT DEEMS FIT TO GRANT, IN THE FACTS AND
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 by the petitioner-wife is filed
seeking to transfer M.C.No.54/2024, preferred by the
respondent-husband, pending on the file of the learned
Additional Senior Civil Judge and JMFC, at Kunigal,
Tumakuru, to the Family Court at Mysuru.
2. Heard the learned counsel appearing for the
petitioner and perused the material on record.
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3. Though the respondent is served with notice on
31.08.2024, he has chosen to remain absent.
4. Learned counsel for the petitioner submits that
the petitioner is residing at Mysuru and she has filed
Crl.Misc.938/2024 seeking maintenance before the Family
Court at Mysuru. Respondent-husband has filed
M.C.54/2024 seeking dissolution of marriage which was
solemnized on 27.04.2008 at Mysuru on the ground of
cruelty. It is contented that, the travel distance from
Mysuru to the Court at Kunigal, Tumakuru is
approximately 100 Kilometers causing inconvenience for
the petitioner-wife to attend the proceedings at Kunigal,
Tumakuru.
5. The cardinal principle as laid down by the
catena of judgments in line is that in matrimonial cases
where the wife seeks to invoke Section 24 of CPC, the
convenience of the wife is paramount rather than the
inconvenience caused to the husband.
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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
paradigm in the Indian society, generally, it is
the wife's convenience which must be looked at
while considering transfer."
7. In the instant case, the petitioner-wife is
residing at Mysuru, and she is aged about 34 years. The
travel distance from Mysuru to Kunigal, Tumakuru is
around 100 Kilometers. There is also Crl.Misc.938/2024
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pending before the Family Court at Mysuru, and the
respondent-husband has already entered appearance in
Crl.Misc.938/2024.
8. In the said circumstances, the petitioner-wife
has made out a ground to transfer M.C.No.54/2024 to the
Family Court at Mysuru.
9. Accordingly, I pass the following:
ORDER
i) The Civil Petition is allowed.
ii) M.C.No.54/2024, pending on the file of the
learned Additional Senior Civil Judge and JMFC, at Kunigal,
Tumakuru, is withdrawn and transferred to the Family
Court at Mysuru.
iii) Petitioner to appear before the Family Court,
Mysuru, on 13.08.2025.
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iv) The respondent has not tendered his appearance
in the petition. In such event, notice be ordered to
respondent by Family Court.
v) It shall be open to the learned Principal Judge,
Family Court, Mysuru, to assign the transferred case to an
appropriate Court.
Sd/-
_____________________
JUSTICE K.S. HEMALEKHA
HR
