Smt. Anusha N., Vs Sri Kantha Raj H K @ Sri H.K. Lakshmikantha

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1 - NC: 2025:KHC:31842 CP No. 147 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18^TH DAY OF AUGUST, 2025 BEFORE

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THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA CIVIL PETITION NO.147 OF 2025

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BETWEEN:

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SMT. ANUSHA N., W/O. SRI KANTHA RAJ H.K. @ SRI H.K. LAKSHMIKANTHA, D/O. SRI N. NAGARAJ, AGED ABOUT 28 YEARS, PRESENTLY R/AT NO.60/319, CHARVI FM CARIYAPPA ROAD, BHOOMIKA LAYOUT, NEAR GLOBAL VILLAGE, PATTANAGERE LAYOUT, RAJARAJESHWARI NAGAR, BENGALURU-560 098.

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…PETITIONER

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(BY SRI HARIPRASAD M.B., 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 KANTHA RAJ H.K. @ SRI H.K. LAKSHMIKANTHA, S/O. LATE KARI GOWDA, AGED ABOUT 36 YEARS, R/O. HUCCHEGOWDANADODDI, KASABA HOBLI, MALAVALLI TALUK, MANDYA DISTRICT-571 430.

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…RESPONDENT

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(BY SRI DINAKAR M.P., ADVOCATE)

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THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CPC, PRAYING TO ISSUE / PASS AN ORDER/ DIRECTION TO THE COURT OF LEARNED SENIOR CIVIL JUDGE AND JMFC, MALAVALLI, TO TRANSFER THE MATRIMONIAL CASE FILED BY THE RESPONDENT AGAINST THE PETITIONER IN MC. NO.99/2024, TO THE PRINCIPAL JUDGE, FAMILY COURT, BENGALURU.

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NC: 2025:KHC:31842 CP No. 147 of 2025

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HC-KAR

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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 wife seeking to transfer of M.C.No.99/2024 initiated by the respondenthusband seeking restitution of conjugal rights pending on the file of Senior Civil Judge and JMFC, Malavalli to the Principal Judge, Family Court, Bengaluru.

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Heard the learned counsel appearing for the petitioner and learned counsel appearing for the respondent and perused the material on record.

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It is not in dispute that the petitioner is the legally wedded wife of respondent-husband and their marriage was solemnized on 29.11.2021 as per customs prevailing in their community. Due to un-cordial relationship they are residing separately for quite some time.

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NC: 2025:KHC:31842 CP No. 147 of 2025

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HC-KAR

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Learned counsel for the petitioner submits that

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the petitioner is residing at Bengaluru and she has initiated divorce proceedings against the respondent in MC.473/2025 before the Principal Judge, Family Court at Bengaluru and respondent-husband has filed MC.No.99/2024 seeking restitution of conjugal rights before the Senior Civil Judge and JMFC, Malavalli. It is submitted that the travel distance from Bengaluru to Malavalli is around 105 kilometers causing great inconvenience to the petitioner.

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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

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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

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1 Civil Appeal No.4894/2022

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NC: 2025:KHC:31842 CP No. 147 of 2025

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HC-KAR

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

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The cardinal principle in matrimonial cases

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where the wife seeks to invoke Section 24 of CPC, is the convenience of the wife rather than the inconvenience caused to the husband. In the instant case, the petitioner is young woman aged about 28 years. The travel distance from Bengaluru to Malavalli is around 105 kilometers causing great inconvenience to the petitioner.

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NC: 2025:KHC:31842 CP No. 147 of 2025

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HC-KAR

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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.99/2024 pending on the file Senior Civil Judge and JMFC, Malavalli is withdrawn and transferred to Principal Judge, Family Court at Bengaluru and to be tried along with MC.No.473/2025.

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iii. The parties shall appear before the Principal Judge, Family Court, Bengaluru, on 29.08.2025 without waiting for further notice.

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Sd/-

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____________________ JUSTICE K.S. HEMALEKHA

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AT

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List No.: 1 Sl No.: 2

Smt. Anusha N., v. Sri Kantha Raj H K @ Sri H.K. Lakshmikantha

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Smt. Anusha N., v. Sri Kantha Raj H K @ Sri H.K. Lakshmikantha

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