Smt. Bhargavi B Vs Sri Balakrishna v @ Bhaskar

SMT. BHARGAVI B W/O V.BALAKRISHNA @ BHASKAR AGED ABOUT 30 YEARS R/AT NO.170, URDU TEACHERS COLONY MOULIMNAGARA PAPANNA LAYOUT YERAGANAHALLI MYSORE-570011

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…PETITIONER

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

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(BY SRI. C R RAGHAVENDRA REDDY., ADVOCATE)

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AND:

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SRI BALAKRISHNA V @ BHASKAR S/O V.VISHWANATH AGED ABOUT 31 YEARS, R/AT 8^TH ROAD, EAST COURT ROAD CHAMRAJNAGAR TOWN-571313

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…RESPONDENT

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(NOTICE TO RESPONDENT IS SERVED AND

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UNREPRESENTED)

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NC: 2025:KHC:38219 CP No. 148 of 2025

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HC-KAR

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THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CPC, PRAYING TO TRANSFER THE PETITION IN M.C.NO.10/24 PENDING ON THE FILE OF SENIOR CIVIL JUDGE AND CJM, COURT, CHAMRAJNAGAR TO LEARNED 3RD ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, MYSURU FOR ADJUDICATION WHERE M.C.NO.180/2025 IS PENDING.

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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 withdraw and transfer M.C.No.10/2024, instituted by the respondent-husband seeking for restitution of conjugal rights, pending on the file of III Additional

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Principal Judge, Family Court, Mysuru, where M.C.No.180/2025 instituted by the petitioner-wife seeking dissolution of marriage is pending adjudication.

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Heard learned counsel appearing for the petitioner.

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Learned counsel for the petitioner submits that the petitioner is presently residing at Mysuru along with

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NC: 2025:KHC:38219 CP No. 148 of 2025

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HC-KAR

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her minor child, who is now studying in LKG at Kodugu Model School, Mysuru. The travel distance from Mysuru to Chamarajnagar is approximately around 80 kms one way, which causes undue hardship and inconvenience to the petitioner, particularly as she has to attend to the needs of her minor child. The petitioner had earlier instituted Crl.Misc.No.911/2022 before the II Additional Family Court at Mysuru, seeking maintenance, which was disposed of. Crl.Misc.No.580/2023 for recovery was also disposed of before the Lok-Adalath. Presently, M.C.No.180/2025 filed by the petitioner is pending on the file of III Additional Prl. Judge Family Court, Mysuru. To avoid multiplicity of proceedings, it is just and proper to transfer M.C.No.10/2024.

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Though the respondent is served with notice on 23.08.2025, he has chosen to remain absent and none appears for the respondent.

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NC: 2025:KHC:38219 CP No. 148 of 2025

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HC-KAR

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Upon consideration of the material on record, it is

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undisputed that the petitioner is residing at Mysuru, with her minor child aged about 5 years. The travel of 80 kms to Chamarajanagar along with the responsibility of caring for the child would cause great inconvenience to the petitioner. Further, M.C.No.180/2024 is already pending before the III Additional Family Court, Mysuru, to avoid conflicting of decision, transfer is warranted.

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The cardinal principle as laid down in the catena of judgments in line is that in matrimonial cases where

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the wife seeks to invoke Section 24 of CPC, the convenience of the wife is paramount consideration rather than the inconvenience caused to the husband.

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The Apex Court in the case of

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N.C.V. Aishwarya Vs. A.S.Saravana Karthik

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Sha¹ (Aishwarya) has held that, the ends of justice

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1 Civil Appeal No.4894/2022

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NC: 2025:KHC:38219 CP No. 148 of 2025

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HC-KAR

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should demand the transfer and, given the prevailing socioeconomic paradigm, generally the wife's convenience must be looked at while considering a transfer under Section 24 of CPC, in matrimonial matters Courts must weigh the economic and social circumstances of the parties.

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Accordingly, the objections raised by the respondent are rejected. The contention of the petitioner that she would be put to grave hardship, if she is compelled to travel repeatedly with her minor child to Mysuru is accepted.

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Accordingly, I pass the following:

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ORDER

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i) The Civil Petition is allowed. ii) M.C.No.10/2024, pending on the file of learned Senior Civil Judge and CJM Court, Chamrajnagar, is withdrawn and transferred to the III Additional Principal

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NC: 2025:KHC:38219 CP No. 148 of 2025

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HC-KAR

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Judge, Family Court at Mysuru to tag along with M.C.No.180/2025.

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iii) M.C.No.180/2025 is listed on 13.10.2025. iv) Parties to appear before the III Additional Prl. Judge Family Court, Mysuru, on 13.10.2025 without waiting for further notice.

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v) The Registry of the Senior Civil Judge and CJM, Chamarajnagar, is directed to remit the papers forthwith.

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Sd/-

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_______________________ JUSTICE K.S. HEMALEKHA

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SSB

Smt. Bhargavi B v. Sri Balakrishna v @ Bhaskar

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Smt. Bhargavi B v. Sri Balakrishna v @ Bhaskar

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