Case brief
What is this about?
Karnataka High Court, Bengaluru; Civil Petition No. 204 of 2025; decided 04.09.2025 by Justice K.S. Hemalekha. Wife's transfer petition under Section 24 CPC seeking withdrawal of M.C.No.34/2024 (husband's restitution of conjugal rights case) from Additional Senior Civil Judge and JMFC, Gubbi, Tumakuru District to Hiriyur, Chitradurga District; >100 kms travel held to cause hardship to wife; Apex Court precedent N.C.V. Aishwarya v. A.S. Saravana Karthik (Civil Appeal No.4894/2022) relied upon — wife's convenience is the cardinal principle in matrimonial transfers; respondent served but unrepresented; petition allowed; case transferred to Additional Civil Judge and JMFC, Hiriyur; parties to appear on 26.09.2025.
What did the court decide?
M.C.No.34/2024 pending before the Additional Senior Civil Judge and JMFC, Gubbi Taluk, Tumakuru District was withdrawn and transferred to the Additional Civil Judge and JMFC, Hiriyur Taluk, Chitradurga District; parties directed to appear before the transferee Court on 26.09.2025 without waiting for further notice, and the transferee Court to take appropriate steps if the unrepresented respondent does not appear.