Karnataka High Court
Smt. Lalita W/O Babu Karbari vs Babu Karbari S/O Late Sharanappa on 9 February, 2022
Bench: J.M.Khazi
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IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 9TH DAY OF FEBRUARY, 2022
BEFORE
THE HON'BLE MRS. JUSTICE J.M.KHAZI
CIVIL PETITION No.200048/2021
BETWEEN:
SMT. LALITA
W/OBABU KARBARI
AGE: 28 YEARS
OCC: STUDENT/HOUSEWIFE
R/AT C/O ANNAPURNA
W/O SIDDALINGAPPA
H.NO.53, VISHWARADHYA COLONY
QADRI CHOWK, KALBURGI-595101
... PETITIONER
(BY SRI. RAVINDRA H. BABALESHWAR &
SRI.SHANTKUMARN. NITTURMATH, ADVOCATES)
AND:
SRI. BABU KARBARI
S/O LATE SHRANAPPA
AGE: 36 YEARS
OCC: GOVT. SERVANT
R/AT NEAR SHARANABASAVESHWARA TEMPLE
POST: KAWALGA, TQ: ALAND
DISTRICT KALBURGI-585302
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AND ALSO
R/AT NO.26, KHATA NO.19/6,5
1ST FLOOR, EKADANTHA LAYOUT
PARAPPANA AGRAHARA
BENGALURU-100
AND ALSO
WORKING AT
ELECTRONIC CITY TRAFFIC POLICE STATION
P.C.NO.8990, BENGALURU-100
... RESPONDENT
(BY SRI.BAPUGOUDA SIDDAPPA, ADVOCATE)
THIS CIVIL PETITION IS FILED UNDER SECTION 24
OF THE CODE OF CIVIL PROCEDURE, 1908 PRAYING TO
TRANSFER M.C.NO.2845/2021 PENDING ON THE FILE OF
HON'BLE I ADDL. PRL. JUDGE, FAMILY COURT,
BENGALURU TO THE PRL.JUDGE, FAMILY COURT,
KALBURGI AND BE LINKED WITH M.C.NO.257/2021 AND
ALSO TRANSFER CRL.MISC.NO.79/2021 PENDING BEFORE
JMFC COURT, AFZALPUR TO THE PRL. JUDGE, FAMILY
COURT AT KALABURAGI.
THIS CIVIL PETITION BEING HEARD AND RESERVED
FOR ORDERS ON 07.02.2022, COMING ON FOR
PRONOUNCEMENT OF ORDERS, THIS DAY, THE COURT
MADE THE FOLLOWING:-
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ORDER
This petition is filed under Section 24 of the Code of
Civil Procedure, 1908 with a prayer to transfer
M.C.No.2845/2021 on the file of I Addl. Principal Judge
Family Court, Bengaluru to the Court of Principal Judge,
Family Court at Kalaburagi, with a direction to connect the
same with M.C.No.257/2021 and dispose of in accordance
with law.
2. The petitioner has contended that she is the
legally wedded wife of respondent. Their marriage was
solemnized on 03.05.2019 at Sri. Mallikarjuna Temple,
Ankalaga, Afzalpur Taluk.
3. Respondent is working as police constable at
Bengaluru. After the marriage, petitioner lived with him at
Bengaluru. At the time of marriage, petitioner was
studying in B.Ed. As agreed between her and respondent,
she returned to her parental home for preparation and
attending semester exam during the month of June 2019.
4. However after the exam, respondent
protracted her request to join him at Bengaluru. He did not
heed to the advice of elders of the village and family
members to take her back. However, he has filed
M.C.No.2845/2021 for divorce at Family Court, Bengaluru.
Even after receipt of notice, she requested respondent to
take her to Bengaluru, but respondent flatly refused
without any reason.
5. Therefore, petitioner is compelled to file
M.C.No.257/2021 for restitution before the Principal Judge,
Family Court, Kalaburagi.
6. As a woman and financially not independent, it
is difficult for petitioner to travel and attend the
proceedings at Family Court, Bengaluru. She also
apprehend threat by the respondent and hence, the
petition.
7. Respondent has appeared through counsel.
The learned counsel representing him submitted that he
has no objections to get M.C.No.2845/2021 transferred
from Family Court, Bengaluru to Family Court, Kalaburagi.
He also submitted that petitioner has filed
Crl.Misc.No.79/2021 before the Civil Judge and JMFC.,
Afzalpur and the said case may also be transferred to
Family Court, Kalaburagi, with a direction to decide all
three cases together or simultaneously, as the case may
be.
8. In view of this submission, the learned counsel
for petitioner filed memo to permit him to amend the
petition to include prayer for transfer of Crl.Misc.79/2021
on the file of Civil Judge and JMFC., Afzalpur to the Family
Court, Kalaburagi.
9. In view of the memo, the learned counsel for
petitioner is permitted to amend the prayer in the petition
and accordingly, the prayer is amended.
10. Heard the arguments and perused the records.
11. Accepting the reasons assigned by the
petitioner seeking transfer and also in the light of consent
by the respondent and in view of the judgments reported
in (2001) 10 SCC 41 in the matter of Sumita Singh vs.
Kumar Sanjay and another and (2005) 12 SCC 237 in
the matter of Rajani Kishor Pardeshi vs. Kishor
Babulal Pardeshi, wherein the Hon'ble Apex Court has
held that in this type of matrimonial cases the
inconvenience of wife has to be preferred over the
inconvenience of the husband, especially when the
litigation has been initiated by the husband and having
regard to the facts and circumstances of the case, I am of
the considered opinion that it is a fit case to allow the
petition. Accordingly, I proceed to pass the following;
ORDER
I. The petition filed under Section 24 of the Code of the
Civil Procedure is allowed.
II. The M.C.No.2845/2021 on the file of I Addl. Principal
Judge Family Court, Bengaluru and Crl.Misc.79/2021
on the file of Civil Judge and JMFC., Afzalpur are
withdrawn and transferred to the Court of the
Principal Judge, Family Court, Kalaburagi, with a
direction to club with M.C.No.257/2021 and dispose
of the same in accordance with law.
Sd/-
JUDGE
RR
