Smt. Chandana C Vs Sri. Shivakumar B D

SMT. CHANDANA C., W/O SRI SHIVAKUMAR. B. D. D/O SRI. BHASKAR C. M., AGED 22 YEARS, R/AT MYDOLALU VILLAGE, AT POST HOLE HONNURU HOBLI, BHADRAVATHI TALUK, SHIVAMOGGA DIST - 577 227.

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…PETITIONER

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(BY SRI. RAGHU M N.,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. SHIVAKUMAR B.D., S/O SRI. B. N. DAYANANDA, AGED ABOUT 33 YEARS, R/AT. GAMA VILLAGE AT POST, SHIKARIPURA TALUK, SHIVAMOGGA DIST - 577 427, PH NO.8884777625.

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…RESPONDENT (NOTICE TO RESPONDENT SERVED AND UNREPRESENTED)

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THIS CP IS FILED UNDER SECTION 24 OF CPC PRAYING TO TRANSFER THE PETITION FILED BY THE RESPONDENT IN MC.NO.16/2025 ON THE FILE OF SENIOR CIVIL JUDE AND

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NC: 2025:KHC:31337 CP No. 184 of 2025

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HC-KAR

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JMFC, SHIKARIPURA TO SENIOR CIVIL JUDGE AND JMFC AT BHADRAVATHI, SHIVAMOGGA, DISTRICT.

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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 withdraw and transfer of M.C.No.16/2025, initiated by the respondent-husband

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seeking divorce, pending on the file of Senior Civil Judge and JMFC, Shikaripura, Shivamogga District, to the Senior Civil Judge and JMFC at Bhadravathi, Shivamogga District.

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Heard the learned counsel appearing for the petitioner.

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Learned counsel for the petitioner files a memo indicating having served the hand summons along with the copy of the petition to the counsel for the respondent in the Trial Court on 20.05.2025.

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NC: 2025:KHC:31337 CP No. 184 of 2025

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HC-KAR

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The memo is taken on record.

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Though the notice was served, the respondent

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has chosen to remain absent and none appears for the respondent.

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The marriage between the petitioner and

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respondent was solemnized on 12.06.2023 as per the customs of their community. Since 2024, they have been residing separately.

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Learned counsel for the petitioner submits that

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the petitioner has filed Crl.Misc.No.85/2025 before the Principal Civil Judge and JMFC at Bhadravathi, seeking maintenance against the respondent-husband. It is only thereafter that the respondent-husband has filed M.C.No.16/2025 before the Senior Civil Judge and JMFC at Shikaripura, Shivamogga District.

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Learned counsel for the petitioner submits that

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the travel distance between Bhadravathi and Shikaripura is

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NC: 2025:KHC:31337 CP No. 184 of 2025

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HC-KAR

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more than 73 kilometers, causing hardship and great inconvenience to the petitioner.

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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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In similar circumstances, the Apex Court in the 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 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

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1 Civil Appeal No.4894/2022

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5 - NC: 2025:KHC:31337 CP No. 184 of 2025

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HC-KAR

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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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In the instant case, the petitioner is aged about

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22 years. The travel distance between Bhadravathi and Shikaripura is more than 73 kilometers, making it difficult for her to travel to Shikaripura and attend the proceedings initiated by her husband in M.C.No.16/2025.

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For the foregoing reasons, 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.16/2025 pending on the file of Senior Civil Judge and JMFC, Shikaripura is withdrawn and transferred to Senior Civil

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NC: 2025:KHC:31337 CP No. 184 of 2025

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HC-KAR

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Judge and JMFC, Bhadravathi, Shivamogga District.

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

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iv. Since the respondent is not present before the Court, in the event he does not appear before the Trial Court, 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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AMA List No.: 1 Sl No.: 8

Smt. Chandana C v. Sri. Shivakumar B D

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Smt. Chandana C v. Sri. Shivakumar B D

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