Smt Renuka Vs Mr Lokesh B M

MR.LOKESH B.M., S/O V.MARAPPA, AGED ABOUT 34 YEARS, R/AT BHOVI COLONY, HAIHOLE AGASAVALLI, HAIHOLE, SHIVAMOGGA-577 226 PRESENTLY R/AT 1675/204 A, SIDDESHWARA BADAVANE, DAVANAGERE 577001.

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…RESPONDENT

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(NOTICE TO RESPONDENT SERVED & UNREPRESENTED)

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THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF THE CPC, 1908, PRAYING TO TRANSFER THE DIVORCE PETITION IN M.C.NO.18/2024 PENDING ON THE FILE OF

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NC: 2025:KHC:30837 CP No. 132 of 2025

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HC-KAR

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FAMILY JUDGE, DAVANAGERE TO FAMILY COURT AT SHIVAMOGGA AS PER ANNEXURE-C AFTER WITHDRAWING THE CASE FROM THE FAMILY COURT AT DAVANAGERE AND SUBSEQUENTLY MAY KINDLY BE PLEASED TO PASS AN APPROPRIATE ORDER DIRECTING THAT THE PRESENT M.C.NO.18/2024 TO BE HEARD AND DECIDE ON MERITS AT SHIVAMOGGA TO SECURE THE ENDS 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

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seeking to transfer M.C.No.18/2024 filed by the respondent-husband seeking for divorce before the Family Court, Davanagere to the Family Court at Shivamogga.

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Heard the learned counsel appearing for the petitioner.

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Though the respondent is served with a notice, he has chosen to remain absent.

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The marriage between the petitioner and the respondent was solemnized on 03.07.2006 as per the customs prevailing in their community. From the wedlock,

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NC: 2025:KHC:30837 CP No. 132 of 2025

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HC-KAR

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the couple is blessed with a child, aged about 17 years, who is residing along with the petitioner. Due to un-cordial relationship, the petitioner and the respondent are living separately for quite some time.

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The husband has preferred M.C.No.18/2024 for

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divorce before the Family Court at Davanagere and the petitioner-wife has filed Crl.Misc.No.65/2015 seeking maintenance for herself and her son before the Family Court at Shivamogga.

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Learned counsel for the petitioner submits that the petitioner is residing at Shivamogga and the travel distance between Shivamogga to Davanagere to attend the proceedings initiated by the respondent-husband is around 105 kilometers, thereby causing inconvenience to the petitioner. It is also submitted that the petitioner is suffering from health issues, annex to the petition is the medical report pertaining to the petitioner.

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NC: 2025:KHC:30837 CP No. 132 of 2025

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HC-KAR

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The cardinal principle as laid down by the

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catena of judgments in line is that in matrimonial cases, where the wife seeks for transfer of the petition, is the convenience of the wife rather than the inconvenience caused to the husband.

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The Apex Court in the case of N.C.V. Aishwarya Vs. A.S.Saravana Karthik Sha¹ (Aishwarya)

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has held at para No.9 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

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1 Civil Appeal No.4894/2022

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5 - NC: 2025:KHC:30837 CP No. 132 of 2025

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HC-KAR

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Indian society, generally, it is the wife’s convenience which must be looked at while considering transfer.”

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In the instant case, the petitioner is residing at Shivamogga and is aged about 34 years. She has got health issues making her travel more difficult from Shivamogga to Davanagere to attend the proceedings initiated by the respondent-husband.

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In the circumstances, the petition filed by the

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wife needs to be allowed and this Court pass the following:

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ORDER

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i. The Civil Petition is allowed.

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ii. M.C.No.18/2024, pending on the file of the Family Court, Davanagere is withdrawn and transferred to the Court of the Family Court, Shivamogga to be heard along with Crl.Misc.65/2025.

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iii. The petitioner shall be present before the Family Court, Shivamogga on 29.08.2025 without waiting for further notice.

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NC: 2025:KHC:30837 CP No. 132 of 2025

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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, Shivamogga 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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VM

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List No.: 1 Sl No.: 3

Smt Renuka v. Mr Lokesh B M

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Smt Renuka v. Mr Lokesh B M

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