Smt Nagashree v. Sri Dileep R

Karnataka HC12 Aug 2025CP/142/2025

Case brief

AI extract

What is this about?

Karnataka HC (Bengaluru), CP No.142/2025, K.S. Hemalekha J., order dated 12.08.2025 — transfer under Section 24 CPC of husband's restitution case M.C.No.23/2024 from Magadi (Ramanagara) to Tiptur (Tumkuru); wife's convenience held paramount; distance between towns more than 150 kms; parallel proceeding Crl.Misc.No.22/2024 under Section 12, Protection of Women from Domestic Violence Act, 2005; relies on N.C.V. Aishwarya v. A.S. Saravana Karthik Sha (SC, Civil Appeal No.4894/2022); petition allowed; parties to appear on 29.08.2025.

What did the court decide?

M.C.No.23/2024 withdrawn from the Principal Senior Civil Judge and JMFC, Magadi (Ramanagara District) and transferred to the Senior Civil Judge and JMFC, Tiptur (Tumkur District); parties directed to appear before the transferee court on 29.08.2025 without waiting for further notice.

Smt Nagashree Vs Sri Dileep R — Domestic Violence | Karnataka HC (2025)

What the court decided

AI extract

Outcome

¶Order (ii)

Issue for consideration

Whether M.C.No.23/2024 instituted by the respondent-husband for restitution of conjugal rights and pending before the Principal Senior Civil Judge & JMFC, Magadi (Ramanagara District) should be transferred to the Senior Civil Judge and JMFC, Tiptur (Tumkur District) on the ground of the petitioner-wife's convenience.

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Court's answer

In matrimonial cases where the wife seeks to invoke Section 24 of the CPC for transfer, the convenience of the wife is a paramount consideration over the inconvenience caused to the husband.

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Ratio / Principle

Since the distance between Tiptur and Magadi is more than 150 kms and causes inconvenience to the petitioner-wife, the civil petition warrants to be allowed and the matter is transferred to Tiptur.

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Detailed headnote1 paragraphs

Transfer of matrimonial proceedings (Sec. 24 CPC) — Wife-petitioner, residing at Tiptur (Tumkur District), sought transfer of her husband's restitution-of-conjugal-rights petition M.C.No.23/2024 from the Principal Senior Civil Judge & JMFC, Magadi (Ramanagara District) to the Senior Civil Judge and JMFC, Tiptur, where she has already filed Crl.Misc.No.22/2024 under Section 12 of the Protection of Women from Domestic Violence Act, 2005. Relying on the Supreme Court's dictum in N.C.V. Aishwarya v. A.S. Saravana Karthik Sha (Civil Appeal No.4894/2022) that the wife's convenience is paramount in matrimonial transfer matters, and noting the inter-court distance exceeds 150 kms, the High Court allowed the petition, withdrew M.C.No.23/2024 to Tiptur, and directed both parties to appear there on 29.08.2025 without further notice; the served respondent remained absent and unrepresented.

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1 - NC: 2025:KHC:31214 CP No. 142 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 12^TH DAY OF AUGUST, 2025

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BEFORE

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THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA

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CIVIL PETITION NO. 142 OF 2025

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BETWEEN:

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SMT. NAGASHREE W/O DILEEP R D/O UMESH CHANDRA, AGED ABOUT 22 YEARS, R/AT GOVINDAPURA, PAP-HOUSE ROAD, TIPTUR TOWN, TUMKUR DISTRICT - 272 201.

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…PETITIONER

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(BY SRI. MANU SHANKAR S.S, ADVOCATE)

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AND:

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

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SRI. DILEEP R S/O REVANASIDDAIAH, AGED ABOUT 31 YEARS, R/AT GORUR VILLAGE, SOLUR HOBLI, MAGADI TALUK, RAMANAGARA DISTRICT - 562 120.

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…RESPONDENT (NOTICE TO RESPONDENT SERVED AND UNREPRESENTED)

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THIS CIVIL PETITION IS FILED UNDER SEC. 24 OF THE CIVIL PROCEDURE CODE. 1908 PRAYING TO TRANSFER THE MC NO.23/2024 (ANNEXURE - F) PENDING ON THE FILE OF PRINCIPAL SENIOR CIVIL JUDGE AND JMFC, AT MAGADI

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NC: 2025:KHC:31214 CP No. 142 of 2025

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HC-KAR

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(RAMANAGARA DISTRICT) TO SENIOR CIVIL JUDGE AND JMFC, AT TIPTUR (TUMKURU DISTRICT) AND GRANT SUCH OTHER RELIEF OR RELIEFS AS THIS HONBLE COURT DEEMS FIT UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE AND EQUITY.

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THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,

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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 wife seeking for

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transfer of MC No.23/2024 filed by the respondenthusband seeking restitution of conjugal rights pending on the file of the Principal Senior Civil Judge & JMFC at Magadi (Ramanagara District) to the Court of Senior Civil Judge and JMFC at Tiptur (Tumkur District), where Crl.Misc.No.22/2024 is filed by the petitioner under Section 12 of the Protection of Women from Domestic Violence Act, 2005.

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Heard the learned counsel appearing for the

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petitioner. Though the respondent is served with notice,

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NC: 2025:KHC:31214 CP No. 142 of 2025

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HC-KAR

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he has chosen to remain absent. There is no appearance

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on behalf of the respondent.

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Petitioner and respondent were married on 31.05.2021 as per the customs prevailing in their community. Due to uncordial relationship, they are residing separately for quite some time.

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Learned counsel for the petitioner submits that petitioner is residing at Tiptur and the distance between Tiptur and Magadi where respondent-husband has initiated M.C.No.23/2024 is more than 150 kms. making it very difficult to the petitioner to travel around 300 kms. in a single day to attend the proceedings initiated by the respondent-husband.

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The cardinal principle in matrimonial cases where the wife seeks to invoke Section 24 of CPC, the convenience of the wife would be a paramount consideration than the inconvenience caused to the husband.

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NC: 2025:KHC:31214 CP No. 142 of 2025

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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:31214 CP No. 142 of 2025

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HC-KAR

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The distance between Tiptur and Magadi is more

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than 150 Kms. causing inconvenience to the petitioner and in these circumstances, the civil petition warrants to be allowed and this court passes the following order:

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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. M.C.No.23/2024 pending on the file of Principal Senior Civil Judge and JMFC at Magadi (Ramanagara District), is withdrawn and transferred to the court of Senior Civil Judge and JMFC at Tiptur (Tumkur District).

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iii. The parties shall appear before the court of Senior Civil Judge and JMFC at Tiptur (Tumkur District), on 29.08.2025 without waiting for further notice.

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