The Karnataka High Court allowed a petition filed under section 24 of CPC, praying to transfer the M.C.No.3/2022 pending on the file of Senior Civil Judge and JMFC to Senior Civil Judge and JMFC and grant such other relief as this court deems fit under the circumstances of the case, in the interest of justice. The Court observed that in a petition under Section 24 of CPC for transfer of proceedings, more particularly in matrimonial cases, the Court shall have to take note of hardship and inconvenience that would be caused to the wife along with the social and financial status of the parties.
Brief Facts:
The marriage of the petitioner and respondent was solemnized on 26.11.2020 and they have no issues with the marriage. The petitioner is not working and she has no income of her own and she is depending on her parents for her livelihood. The respondent/husband has initiated M.C.No.3/2022 under Section 9 of the Hindu Marriage Act, 1955 for the restitution of conjugal rights. The petitioner has initiated proceedings in C. Misc. No.445/2021 under Sections 12 and 19 of the Domestic Violence Act, 2005 read with Section 125 of Cr.P.C. which is pending before the Principal Civil Judge.
Contentions of the Petitioner:
The Learned Counsel for the Petitioner submitted that since the petitioner has no independent income and she initiated proceedings at Chitradurga, it is prayed for the transfer of proceedings initiated by the husband at Honnali to Chitradurga.
Contentions of the Respondent:
The Learned Counsel for the Respondent opposed the prayer of the petitioner and submitted that the petitioner could travel from Chitradurga to Harihar and there is no impediment for the petitioner to travel from Chitradurga to Harihar. Hence, he prays for the dismissal of the civil petition.
The Court observed that in a petition under Section 24 of CPC for transfer of proceedings, more particularly in matrimonial cases, the Court shall have to take note of hardship and inconvenience that would be caused to the wife along with the social and financial status of the parties. In the instant case, it is stated that the petitioner is not working and she is depending on her parents for her livelihood. The petitioner has initiated proceedings under the Domestic Violence Act at Chitradurga. If the prayer of the petitioner is not allowed, the petitioner/wife would suffer more hardship and inconvenience.
The decision of the Court:
The Karnataka High Court, allowing the petition, held that the petition filed under Section 24 of CPC is allowed, directing the transfer of M.C.No.3/2022 filed by the respondent/husband pending on the file of the Senior Civil Judge and JMFC, Harihar to the Family Court at Chitradurga, for disposal in accordance with law.
Case Title: Smt. Kavya E v Sri Prakash R S
Coram: Hon’ble Justice S. G. Pandit
Case no.: CIVIL PETITION NO. 79 OF 2022
Advocate for the Petitioner: Mr. Krishnamurthy M. R.
Advocate for the Respondents: Mr. Hareesh Bhandary T.
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