Smt. Lolakshi S @ Kumuda, Vs Santhosh M Naik

SMT. LOLAKSHI S @ KUMUDA, W/O SANTHOSH M NAIK, AGED ABOUT 31 YEARS, R/AT SARUNILAYA SIDDARUDA NAGARA, 3RD CROSS, NEAR SIDDARUDA MATA, RANEBENNUR TOWN, HAVERI DISTRICT - 581208

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PRESENTLY AT, R/AT GOPALA BHUSENAHALLI, LAKKAVALLI, TARIKERE, CHIKKAMAGALUR 577144.

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Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA

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(BY SRI. SACHIN B S.,ADVOCATE)

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AND:

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SANTHOSH M NAIK, S/O MANJUNATHA NAIK, AGED ABOUT 37 YEARS, R/AT SARUNILAYA SIDDARUDA NAGARA, 3RD CROSS, NEAR SIDDARUDA MATA. RANEBENNUR TOWN, HAVERI DISTRICT - 581 208. (RESPONDENT SERVED)

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…PETITIONER

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…RESPONDENT

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NC: 2025:KHC:29698 CP No. 108 of 2024

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HC-KAR

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THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF THE CPC, PRAYING THAT THIS HONBLE COURT MAY BE PLEASED TO TRANSFER THE ABOVE MC NO. 107/2021 PENDING ON THE FILE OF PRL. SENIOR CIVIL JUDGE AND JMFC, RANEBENNUR, HAVERI TO SENIOR CIVIL JUDGE AT TARIKERE IN THE INTEREST OF JUSTICE AND EQUITY.

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THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA

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ORAL ORDER

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The present petition is filed by the petitioner-wife seeking transfer of MC No.107/2021 filed by the respondent-husband, pending on the file of the Principal Senior Civil Judge and JMFC, Ranebennur, Haveri, to the Senior Civil Judge, Tarikere.

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Heard learned counsel for the petitioner. Though the respondent is duly served with notice, he has chosen to remain absent and none appear on his behalf.

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The marriage of the petitioner and the husband was solemnized on 19.12.2019 as per Hindu customs and rituals. Due to un-cordial relationship between the

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NC: 2025:KHC:29698 CP No. 108 of 2024

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HC-KAR

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petitioner and the respondent, they are living separately for quite some time.

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Learned counsel for the petitioner submits that the respondent-husband initiated MC No.107/2021 before the Court of the Principal Senior Civil Judge and JMFC, Ranebennur, Haveri, seeking restitution of conjugal rights under Section under Section 9 of the Hindu Marriage Act, 1955.

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Learned counsel for the petitioner further submits that the petitioner is residing at Tarikere and the travel distance between Tarikere to Ranebennur, Haveri is around 157 kilometers, thereby causing great inconvenience to the petitioner in attending the proceeding initiated by her husband in MC No.107/2021 at Ranebennur, Haveri.

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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.

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NC: 2025:KHC:29698 CP No. 108 of 2024

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HC-KAR

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In similar circumstances, the Apex Court in the

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case of N.C.V. Aishwarya Vs. A.S.Saravana Karthik Sha¹ (Aishwarya) has held at para No.9 which reads as under:

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“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.”

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1 Civil Appeal No.4894/2022

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NC: 2025:KHC:29698 CP No. 108 of 2024

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HC-KAR

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In the instant case, the petitioner is residing at

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Tarikere, Chikkamagalur and the travel distance between Tarikere and Haveri is more than 157 kilometers, thereby causing inconvenience to the petitioner to attend the proceedings initiated by respondent-husband.

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For the foregoing reasons, this Court pass the

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following:

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ORDER

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i. The Civil Petition is allowed.

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ii. MC No.107/2021, pending on the file of the Principal Senior Civil Judge and JMFC, Ranebennur, Haveri is withdrawn and transferred to the Senior Civil Judge, Tarikere.

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iii. The petitioner shall appear before Senior Civil Judge, Tarikere on 22.08.2025 without waiting for further notice.

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NC: 2025:KHC:29698 CP No. 108 of 2024

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HC-KAR

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iv. Since the respondent is not present before the Court, in the event he does not appear before the Family Court on the said date, the concerned Court to take appropriate steps/course.

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Sd/-

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_____________________ JUSTICE K.S. HEMALEKHA

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SMC/List No.: 1 Sl No.: 3

Smt. Lolakshi S @ Kumuda, v. Santhosh M Naik

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Smt. Lolakshi S @ Kumuda, v. Santhosh M Naik

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