Geethapriya B.M. vs Guruprasad .B

K.S. Hemalekha, J

The present petition is filed by the wife seeking to withdraw and transfer M.C.No.05/2025, initiated by the respondent-husband for restitution of conjugal rights by invoking provision under Section 9 of the Hindu Marriage Act, 1955 (‘Act’ for short) pending on the file of the Principal Senior Civil Judge and ACJM, Puttur to the Principal Judge, Family Court, Madikeri, where M.C.No.1/2025 is pending adjudication.

Heard the learned counsel for the petitioner and learned counsel for the respondent.

The marriage between the petitioner and respondent was solemnized on 15.02.2019, as per the customs prevailing in their community. Due to un-cordial relationship the parties are residing separately for quite some time.

Learned counsel for the petitioner submits that the petitioner is presently residing in Madenadu village, Madikeri Taluk, along with her parents and her minor child, aged about five years. She has already instituted M.C.No.1/2025 seeking divorce which is pending consideration before the Principal Judge, Family Court, Madikeri. It is further submitted that the travel distance between Madikeri and Puttur is approximately 83 kilometers one way, and the petitioner has to undertake a tedious journey involving two bus changes, consuming nearly three to four hours of travel, causing undue hardship and great inconvenience to the petitioner in attending the proceedings initiated by her husband at Puttur.

It is a cardinal principle underlying matrimonial cases that the convenience of the wife is to be given primary over inconvenience that may be caused to the husband. In the present case, the petitioner has already instituted M.C.No.1/2025 before the Principal Judge, Family Court, Madikeri seeking dissolution of marriage. She is residing at Madenadu Village, Madikeri, the travel distance between Madikeri and Puttur is approximately 83 kilometers one way requiring extensive travel time and she has care and custody of her minor child, aged about five years, causing undue hardship and great inconvenience to the petitioner.

The Apex Court in the case of N.C.V.Aishwarya Vs. A.S.Saravana Karthik Sha (Civil Appeal No.4894/2022) (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.

Applying the said principle to the facts of the present case, the transfer is warranted and this Court pass the following:

ORDER

i. The Civil Petition is allowed.

ii. M.C.No.05/2025 pending on the file of the Court of Principal Senior Civil Judge and ACJM, Puttur is withdrawn and transferred to the Principal Judge, Family Court, Madikeri and to be tried along with M.C.No.1/2025.

iii. The parties shall appear before the Principal Judge, Family Court Mysuru on 18.09.2025 without awaiting for further notice.