Allowed¶48

Smt. Janavi. S. R. (Ranjitha) v. Sri. Sunilkumar. T. J.

Karnataka HC25 Jul 2025CP/37/2025

Case brief

AI extract

What is this about?

Karnataka HC Civil Petition CP No. 37 of 2025 (NC: 2025:KHC:28576), decided 25.07.2025 by Justice C.M. Poonacha; wife-petitioner Janavi S.R.; Sec. 24 CPC transfer of MC No.266/2024 (Section 9 Hindu Marriage Act, 1955 restitution of conjugal rights) from Mangaluru to Hosapete; convenience of wife precedence; distance more than 300 kms; reliance on N.C.V. Aishwarya vs A.S. Saravana Karthik Sha, AIR ONLINE 2022 SC 1268; petition allowed, case transferred, parties to appear 01.09.2025.

What did the court decide?

Petition allowed; MC No.266/2024 transferred from I Additional Family Court, Mangaluru to Senior Civil Judge, Hosapete; parties directed to appear before the transferee Court on 01.09.2025 without further notice; transferee Court to conduct further proceedings in accordance with law; all contentions of parties left open. ¶48

Smt. Janavi. S. R. (Ranjitha) Vs Sri. Sunilkumar… — Matrimonial and Divorce | Karnataka HC (2025)

What the court decided

AI extract

Outcome

¶48

Issue for consideration

Whether MC No.266/2024 (restitution of conjugal rights) pending before the I Additional Family Court, Mangaluru should be transferred to the Senior Civil Judge, Hosapete in view of the hardship and convenience of the wife-petitioner.

¶31

Court's answer

While considering cases for transfer of matrimonial proceedings, the convenience of the wife is to be given precedence, following the settled proposition laid down by the Hon'ble Supreme Court in N.C.V. Aishwarya vs A.S. Saravana Karthik Sha.

¶37

Ratio / Principle

On account of the distance of more than 300 kms between Hosapete and Mangaluru, the absence of any person to accompany the wife, and the husband being gainfully employed with independent income, it is just and proper to allow the petition; accordingly MC No.266/2024 pending before the I Additional Family Court, Mangaluru shall stand transferred to the Senior Civil Judge, Hosapete.

¶47

Detailed headnote1 paragraphs

Transfer of matrimonial proceedings - Sec. 24 CPC - Wife (Police Constable at Hosapete) sought transfer of husband's MC No.266/2024 under Section 9, Hindu Marriage Act, 1955 (restitution of conjugal rights) from I Additional Family Court, Mangaluru to Senior Civil Judge, Hosapete - Distance between Hosapete and Mangaluru exceeds 300 kms and no person available to accompany the wife, while the husband is gainfully employed with independent income - Relying on the settled Supreme Court proposition in N.C.V. Aishwarya vs A.S. Saravana Karthik Sha (AIR ONLINE 2022 SC 1268) that in transfer of matrimonial proceedings the convenience of the wife is given precedence, the Court allowed the petition and ordered transfer - Parties directed to appear before transferee Court on 01.09.2025; all contentions left open.

¶1

¶2

NC: 2025:KHC:28576 CP No. 37 of 2025

¶3

HC-KAR

¶4

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶5

DATED THIS THE 25^TH DAY OF JULY, 2025

¶6

BEFORE

¶7

THE HON'BLE MR. JUSTICE C.M. POONACHA

¶8

CIVIL PETITION NO. 37 OF 2025

¶9

BETWEEN:

¶10

SMT. JANAVI S.R., (RANJITHA) AGED 32 YEARS, C/O D/O REVANASIDDAPPA, R/AT 12^TH WARD, NEAR MINI VIDHANA SOUDHA, HOSAPETE ROAD, HARAPANAHALLI, DISTRICT VIJAYANAGAR, PINCODE - 583031, WORKING AS POLICE CONSTABLE HOSPET EXTENSION POLICE STATION, HOSAPETE, DISTRICT VIJAYANAGAR, PINCODE - 583201

¶11

…PETITIONER

¶12

(BY SRI. CHANDRASHEKAR P. PATIL, ADVOCATE)

¶13

Digitally signed by NIRMALA AND: DEVI Location: SRI. SUNILKUMAR T.J., HIGH COURT AGED ABOUT 29 YEARS, OF KARNATAKA S/O JAYAPPA, R/O KAMALA NIVAS, NEAR KOSMO LODGE, PANDESHWARA, MANGALURU, DISTRICT MANGALURU, PINCODE - 574142

¶14

…RESPONDENT

¶15

(BY SRI. SUYOG HERELE E., ADVOCATE)

¶16

¶17

NC: 2025:KHC:28576 CP No. 37 of 2025

¶18

HC-KAR

¶19

THIS CIVIL PETITION IS FILED UNDER SEC. 24 OF THE CIVIL PROCEDURE CODE, 1908 PRAYING TO TRANSFER M.C. NO.266/2024 PENDING ON THE FILE OF I ADDITIONAL FAMILY COURT, MANGALURU TO THE JURISDICTIONAL COURT I.E., SENIOR CIVIL JUDGE, COURT AT HOSAPETE.

¶20

THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

¶21

CORAM: HON'BLE MR. JUSTICE C.M. POONACHA

¶22

ORAL ORDER

¶23

The present petition is filed by the wife seeking for transfer of MC No.266/2024 pending on the file of the I Additional Family Court, Mangaluru to the Court of Senior Civil Judge, Hosapete.

¶24

It is forthcoming that the marriage between the

¶25

parties was solemnized on 01.08.2022 and they lived together for sometime. However, due to various reasons, the parties have been residing separately. It is also forthcoming that both the parties are employed in the Police Department, Government of Karnataka.

¶26

¶27

NC: 2025:KHC:28576 CP No. 37 of 2025

¶28

HC-KAR

¶29

The husband has filed MC. No.266/2024 under

¶30

Section 9 of the Hindu Marriage Act, 1955¹ seeking for restitution of conjugal rights before the I Additional Family Court, Mangaluru. Seeking transfer of the same, the present petition is filed.

¶31

Learned counsel for the petitioner submits that the wife, due to her employment, is living on her own at Hosapete, whereas the husband is currently posted at Mangaluru. It is further contended that great hardship would be caused to the wife if she is required to travel to Mangaluru, which is at a distance of more than 300 kms for the purpose of contesting the proceedings initiated by the husband, since there is no other person to accompany the wife while traveling to Mangaluru.

¶32

Having regard to the fact that the distance between Hosapete and Mangaluru is more than 300 kms, as also having regard to the contention that there is no

¶33

1 Hereinafter referred to as ‘Act’

¶34

¶35

NC: 2025:KHC:28576 CP No. 37 of 2025

¶36

HC-KAR

¶37

other person to accompany the wife to travel to Mangaluru for the purpose of contesting MC. No.266/2024 initiated by the husband, since the husband is also gainfully employed, having an independent source of income, keeping in mind the settled proposition of law as also held by the Hon’ble Supreme Court in the case of N.C.V. AISHWARYA VS A.S.SARAVANA KARTHIK SHA² that while considering cases for transfer of matrimonial proceedings, the convenience of wife will have to be given precedence to, it is just and proper that the relief sought in the present petition be granted.

¶38

In view of the aforementioned, the following

¶39

order is passed:

¶40

ORDER

¶41

i. The above petition is allowed;

¶42

ii. MC.No.266/2024 pending on the file of I Additional Family Court, Mangaluru shall

¶43

2 AIR ONLINE 2022 SC 1268

¶44

¶45

NC: 2025:KHC:28576 CP No. 37 of 2025

¶46

HC-KAR

¶47

stand transferred to the Senior Civil Judge, Hosapete;

¶48

iii. The parties shall appear before the Senior Civil Judge, Hosapete on 01.09.2025 without the requirement of any further notice being issued in this regard;

¶49

iv. Consequent to transfer, the transferee Court shall conduct further proceedings in accordance with law;

¶50

v. All contentions of the parties are left open.

¶51

Sd/(C.M. POONACHA) JUDGE

¶52

MBM

¶53

List No.: 1 Sl No.: 16

Smt. Janavi. S. R. (Ranjitha) v. Sri. Sunilkumar. T. J.

Case brief

What is this about?

What did the court decide?

Smt. Janavi. S. R. (Ranjitha) v. Sri. Sunilkumar. T. J.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Smt Padma Vs the Managing Director

The Manager Vs Sri Channappa

The Branch Manager Vs Revanna

Legal Manager Vs Nagaraju

Master Niranjan Vs Sri. Veeresh

Smt C Abhilasha Vs Sri Karthik R