Smt Nandini @ Usha S M Vs Sri Shiva Shankar

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NC: 2025:KHC:37983 CP No. 306 of 2024

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22^ND DAY OF SEPTEMBER, 2025 BEFORE

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THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA CIVIL PETITION NO.306 OF 2024

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BETWEEN:

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SMT. NANDINI @ USHA S.M. W/O SHIVASHANKAR, AGED ABOUT 33 YEARS, R/AT NO.15/2, SRIRAMPURA VILLAGE, JIGANI HOBLI AND POST, ANEKAL TALUK, BANGALORE-560105.

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&PETITIONER

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(BY SRI R.V. SHIVANANDA REDDY, 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 SHIVA SHANKAR S/O MUNIRAMAPPA, AGED ABOUT 40 YEARS, R/AT MANEENANAHALLI VILLAGE, MULBAGAL TALUK, KOLAR DISTRICT-563132.

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&RESPONDENT

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(NOTICE TO RESPONDENT IS SERVED AND UNREPRESENTED)

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THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CPC., PRAYING THAT THIS HON9BLE COURT MAY BE PLEASED TO TRANSFER THE CASE IN M.C.NO.84/2023 FILED UNDER SECTION 13(1)(ia) OF HINDU MARRIAGE ACT, PENDING BEFORE THE SENIOR CIVIL JUDGE AND JMFC AT MULBAGAL, KOLAR DISTRICT TO SENIOR CIVIL JUDGE AND JMFC AT ANEKAL, BENGALURU RURAL DISTRICT, IN THE INTEREST OF JUSTICE.

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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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NC: 2025:KHC:37983 CP No. 306 of 2024

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HC-KAR

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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.84/2023, instituted by the respondent-husband seeking dissolution of marriage under Section 13(1)(ia) of the Hindu Marriage Act, 1955 (8Act9 for short), pending on the file of the Court of the Senior Civil Judge and JMFC, Mulbagal, Kolar District to the Court of the Senior Civil Judge and JMFC, Anekal, Bengaluru Rural District.

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Heard the learned counsel for the petitioner.

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Though the respondent was served with notice on 26.07.2025, he has chosen to remain absent. There is no representation.

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The marriage between the petitioner and respondent was solemnized on 01.05.2011, as per the customs prevailing in their community. Due to strained relation, the parties are residing separately for quite some time.

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NC: 2025:KHC:37983 CP No. 306 of 2024

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HC-KAR

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Learned counsel for the petitioner submits that

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the petitioner resides with her parents along with her

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minor child, aged about 11 years at Srirampur village, Jigani Hobli, Bengaluru. The travel distance between Srirampur village and Mulbagal is approximately 180 kilometers one way, which would cause undue hardship and great inconvenience to the petitioner in attending the proceedings initiated by the respondent-husband at Mulbagal.

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It is a cardinal principle underlying matrimonial matters that when the wife seeks transfer of proceedings by invoking the provisions of Section 24 of CPC, the paramount consideration is the convenience of the wife, rather than the inconvenience that may be caused to the husband. In the instant case, the petitioner resides in Srirampur village, Jigani Hobli, Bengaluru along with her minor child, aged about 11 years. The travel distance between Srirampur village and Mulbagal is approximately

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NC: 2025:KHC:37983 CP No. 306 of 2024

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HC-KAR

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180 kilometers one way, compelling her to travel to Mulbagal particularly when the petitioner is required to manage the child9s care certainly cause undue hardship.

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The Apex Court in the case of N.C.V. Aishwarya Vs. A.S.Saravana Karthik Sha¹ (Aishwarya) has held that the ends of justice 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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For the foregoing reasons, CP warrants

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acceptance and this Court pass the following:

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ORDER

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i. The Civil Petition is allowed.

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1 Civil Appeal No.4894/2022

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NC: 2025:KHC:37983 CP No. 306 of 2024

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HC-KAR

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ii. M.C.No.84/2023 pending on the file of the Court of the Senior Civil Judge and JMFC, Mulbagal is withdrawn and transferred to the Court of the Senior Civil Judge and JMFC, Anekal.

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iii. The parties shall appear before the Court of the Senior Civil Judge and JMFC, Anekal on 29.10.2025 without awaiting for further notice.

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iv. Since the respondent has not tendered his appearance before this Court, in the event he does not appear before the Court of the Senior Civil Judge and JMFC, Anekal on the said date, the concerned Court to take appropriate steps/course in accordance with law.

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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.: 1

Smt Nandini @ Usha S M v. Sri Shiva Shankar

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Smt Nandini @ Usha S M v. Sri Shiva Shankar

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