In matters of matrimonial proceedings, the convenience of the wife is paramount when considering a transfer under Section 24 of CPC.

ORAL ORDER

The present petition is filed by the wife seeking to withdraw and transfer M.C.No.105/2024, instituted by the respondent-husband seeking restitution of conjugal rights by invoking provisions under Section 9 of the Hindu Marriage Act, 1955 (‘Act’ for short), pending on the file of the Court of the Senior Civil Judge and JMFC, Maddur to III Additional Family Court, Bengaluru where M.C.No.3332/2024 instituted by the petitioner-wife is pending adjudication.

2. Heard the learned counsel for the petitioner.

Though the respondent was served with notice, he has chosen to remain absent. There is no representation. 3. The marriage between the petitioner and respondent was solemnized on 15.03.2020, as per the customs prevailing in their community. Due to strained relation, the parties are residing separately for quite some time.

4. Learned counsel for the petitioner submits that the petitioner is presently residing in Bengaluru and has instituted M.C.No.3332/2024 seeking dissolution of marriage, which is pending before the III Additional Family Court, Bengaluru. The travel distance between Bengaluru and Maddur is approximately 120 kilometers one way, and such long travel would cause undue hardship and great inconvenience to the petitioner in attending the proceedings instituted by the respondent-husband at Maddur. Furthermore, since the petitioner has already instituted a petition in Bengaluru, transferring the husband's petition to Bengaluru would also obviate the possibility of conflicting decisions.

5. 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 is presently residing at Bengaluru and is already prosecuting M.C.No.3332/2024 seeking dissolution of marriage, which is pending adjudication before the III Additional Family Court, Bengaluru. The travel distance of 120 kilometers one way between Bengaluru and Maddur causes undue hardship and great inconvenience to the petitioner in attending the proceedings instituted by the respondent- husband at Maddur effectively. Moreover, in order to obviate multiplicity of proceedings and possible conflicting decisions, and considering the substantial distance between two locations, it is just and proper that M.C.No.105/2024 pending before the Court at Maddur be transferred to the Family Court at Bengaluru.

6. The Apex Court in the case of N.C.V. Aishwarya Vs. A.S.Saravana Karthik Sha , [1Civil 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.

7. For the foregoing reasons, Civil Petition warrants acceptance and this Court pass the following:

ORDER

i. The Civil Petition is allowed.

ii. M.C.No.105/2024 pending on the file of the Court of the Senior Civil Judge and JMFC, Maddur is withdrawn and transferred to III Additional Family Court, Bengaluru and to be tried along with M.C.No.3332/2024.

iii. The M.C.No.3332/2024 is listed on 18.10.2025.

In such circumstances, the parties are directed to appear before the III Additional Family Court, Bengaluru on 18.10.2025 without waiting for further notice.

iv. The Registry of the Court of the Senior Civil Judge and JMFC, Maddur is directed to remit the papers to the III Additional Family Court, Bengaluru forthwith.