Karnataka High Court
Smt. Arpitha. S @ Nischitha vs Sri. Balaji Prabhu. B. V on 4 July, 2024
Author: H.T. Narendra Prasad
Bench: H.T. Narendra Prasad
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NC: 2024:KHC:25315
CP No. 101 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
CIVIL PETITION NO. 101 OF 2023
BETWEEN:
SMT. ARPITHA. S @ NISCHITHA
AGED ABOUT 32 YEARS
W/O. SRI BALAJI PRABHU B.V.
RESIDING AT C/O.SRI SRIDHAR N
HOUSE NO.25, SAI KRUPA
4TH CROSS,HEBBAL COLONY,
MYSORE-570016.
...PETITIONER
(BY SRI. Y K NARAYANA SHARMA.,ADVOCATE)
AND:
SRI. BALAJI PRABHU. B. V.
AGED ABOUT 33 YEARS
S/O. SRI VEERANNA
RESIDING AT BALUVANERALU
Digitally signed by HONNAVALLY HOBLI
HEMALATHA A
Location: HIGH TIPTUR TALUK-572217
COURT OF ...RESPONDENT
KARNATAKA
(BY SRI. SHASHIDHAR K N.,ADVOCATE [ABSENT])
THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF
CPC, PRAYING TO PASS NECESSARY ORDERS AND TRANSFER
THE CASE M.C. NO. 6/2022 PENDING ON THE COURT OF THE
SENIOR CIVIL JUDGE AND JMFC, TIPTUR, TO THE COURT OF
THE HONBLE JUDGE, FAMILY COURT AT MYSURU AND DISPOSE
OF THE SAME BY JUDGMENT.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
THE COURT MADE THE FOLLOWING:
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CP No. 101 of 2023
ORDER
This petition under Section 24 of CPC is filed by the petitioner-wife seeking for transfer of M.C.No.6/2022 pending on the file of Senior Civil Judge and JMFC, Tiptur to the Court of Judge, Family Court, Mysuru.
2. The petitioner is the legally wedded wife of the respondent and their marriage was solemnized on 09.02.2017 at Sri Yashaswi Kalayana Mantap, Hunsur road, Mysuru as per Hindu rites and customs. After the marriage, the petitioner was residing with her husband at her matrimonial house. Out of wedlock a daughter was born. As matrimonial disputes arose between the parties, the petitioner started living separately with her parents and minor daughter in Mysuru. Thereafter, the respondent-husband filed a petition for restitution of conjugal rights in M.C.No.6/2022 before the Senior Civil Judge and JMFC, Tiptur. The petitioner-wife filed a Crl.Misc.No.3/2023 before the I Additional Principal Judge, Family Court, Mysuru for maintenance. The case of the -3- NC: 2024:KHC:25315 CP No. 101 of 2023 petitioner is that since the petitioner is residing at Mysuru, it would cause great inconvenience and hardship for her to travel a distance of 142 kms. to Tiptur to prosecute the case. Hence, she filed the present petition seeking for transfer of case.
3. The learned counsel for the petitioner-wife contended that the parents of the petitioner are aged persons, she has to take care of them and she has no other family members or relatives to accompany or assist her in traveling to Tiptur, which is at a distance of 142 kms., to prosecute the case. Moreover, she does not have any source of income. Therefore, if the petition is not transferred, it would cause great inconvenience and hardship to the petitioner-wife. Hence, the learned counsel sought for allowing the petition.
4. When the matter was called in the morning session, none appeared for the respondent. Even in the afternoon session also, there is no representation on behalf of the respondent.
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5. Heard the learned counsel for the petitioner. Perused the petition papers.
6. The petitioner is the legally wedded wife of the respondent and their marriage was solemnized on 09.02.2017 as per Hindu customs. After the marriage, the petitioner was residing with her husband at her matrimonial house. Out of wedlock one daughter was born. Since there was differences of opinion cropping up between the parties, the petitioner started living separately with her parents and minor daughter. Thereafter, the respondent-husband filed a petition for restitution of conjugal rights in M.C.No.6/2022 before the Senior Civil Judge and JMFC, Tiptur. The petitioner-wife filed a Crl.Misc.No.3/2023 before the I Additional Principal Judge, Family Court, Mysuru for maintenance. Since the petitioner is residing at Mysuru and has to take care of her aged parents and minor daughter and as she has no other relatives or family members to accompany or assist her, it would be difficult for her to travel a distance of 142 kms. to Tiptur to prosecute the case. This Court in the case -5- NC: 2024:KHC:25315 CP No. 101 of 2023 Smt.M.V.Rekha v. Sri Sathya @ Suraj - ILR 2010 KAR 5407 at Paragraph No.15 has held as hereunder:
"The cardinal principle for exercise of power under Section 24 of the Code of Civil Procedure is that ends of justice demand the transfer of the suit, appeal or other proceeding. In matrimonial matters, wherever Courts are called upon to consider the plea of transfer, the Courts have to take into consideration the economic soundness of either of the parties, the social strata of the spouses and behavioural pattern, their standard of life antecedent to marriage and subsequent thereon and the circumstances of either of the parties in eking out their livelihood and under whose protective umbrella they are seeking their sustenance to life. Generally, it is the wife's convenience which must be looked at while considering transfer. Further, when two proceedings in different Courts which raise common question of fact and law and when the decisions are interdependent, it is desirable that they should be tried together by the same Judge so as to avoid multiplicity in trial of the same issues and conflict of decisions (See Smt.NandaKishori v.-6-
NC: 2024:KHC:25315 CP No. 101 of 2023 S.B.Shiua Prakash AIR 1993 Kar 87, Sumita Singh v. Kumar Sanjay and Anr.
MANU/SC/0936/2001:AIR 2002 SC 396 and Smt.Swarna Gouri v. Sri Vinayak Pujar MANU/KA/7130/2007 : ILR 2007 Kar 4561."
(emphasis supplied) Therefore, taking note of the inconvenience as made out by the petitioner and the law laid down in the case of Smt.M.V.Rekha (supra), which provides that convenience of the wife is an aspect that is to be taken note of while considering the transfer petitions, petition deserves to be allowed. Accordingly, the following order is passed:
i) The petition is allowed. ii) The case in M.C.No.6/2022 on the file of the
Senior Civil Judge & JMFC, Tiptur is hereby withdrawn and transferred to the Court of Judge, Family Court, Mysuru.
iii) The transferor Court is hereby directed to transmit the entire records to the transferee court. -7-
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iv) The transferee court after hearing the parties is directed to dispose of the said case as expeditiously as possible and in accordance with law.
Sd/-
JUDGE CM List No.: 1 Sl No.: 4