Karnataka High Court
Smt M Smitha vs Sri M B Ananthapadmananbha on 12 December, 2023
Author: S.G.Pandit
Bench: S.G.Pandit
-1-
NC: 2023:KHC:45290
CP No. 49 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE S.G.PANDIT
CIVIL PETITION NO.49 OF 2023
BETWEEN:
SMT. M. SMITHA,
AGED 32 YEARS,
W/O SRI. M.B.ANANTHAPADMANABHA,
D/O SRI. M. SHASHIDHAR,
HOME MAKER, R/O MARKET ROAD,
CHIMAGALURU CITY.
...PETITIONER
(BY SRI. RAVISHANKAR C R., ADVOCATE)
AND:
SRI. M.B.ANANTHAPADMANANBHA,
AGED 37 YEARS,
S/O SRI. T. BHUJANGA RAO,
R/AT NO.4-B, 1ST FLOOR,
BILVASHREE, 2ND MAIN ROAD,
Digitally signed 3RD CROSS, GURURAJ LAYOUT,
by RAMYA D
BANGALORE - 560 028.
Location: HIGH
COURT OF ...RESPONDENT
KARNATAKA (BY SRI. TAMOGHNA, ADVOCATE FOR
SRI. RAGHURAM CADAMBI., ADVOCATE)
THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF
THE CPC, 1908, PRAYING TO PASS AN ORDER TO WITHDRAW
THE DIVORCE PETITION M.C. NO.1120/2022 FILED BY THE
RESPONDENT PENDING ON THE FILE OF THE I ADDL.
PRINCIPAL JUDGE, FAMILY COURT, BENGALORE AND
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NC: 2023:KHC:45290
CP No. 49 of 2023
TRANSFER THE SAID DIVORCE CASE TO THE COURT OF THE
PRINCIPAL JUDGE, FAMILY COURT, CHIKMAGALUR, WHERE
THE MAINTENANCE CASE IN CRL.MISC.NO.67/2022 FILED BY
THE PETITIONER UNDER THE PROVISIONS OF CODE OF
CRIMINAL PROCEDURE IS PENDING FOR ADJUDICATION AND
FOR CLUBBING BOTH THE CASES, TO RECORD COMMON
EVIDENCE AND DISPOSAL BY ASSIGN COMMON JUDGMENT. IN
ACCORDANCE WITH LAW, IN THE INTEREST OF JUSTICE AND
EQUITY.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
The petitioner-wife of respondent is before this Court
under Section 24 of CPC with a prayer to transfer
M.C.No.1120/2022 pending on the file of I Addl. Principal
Judge, Family Court, Bangalore, to Principal Judge, Family
Court at Chikmagalur for disposal.
2. Heard learned counsel, Sri.C.R.Ravishankar for
the petitioner/wife and learned counsel, Sri.Tamoghna for
Sri.Raghuram Cadambi for respondent/husband. Perused
the writ petition papers.
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3. Learned counsel for the petitioner/wife would
submit that marriage of the petitioner and respondent was
solemnized on 11.04.2016. The petitioner/wife and
respondent/husband are living separately. It is submitted
that petitioner/wife has filed Crl.Misc.No.67/2022 under
Section 125 of Cr.P.C. where the Family Court granted
Rs.10,000/- per month as maintenance, which was
challenged before this Court and this Court directed the
respondent/husband to pay a sum of Rs.8,000/- per
month as maintenance during the pendency of RPFC.
Learned counsel would submit that petitioner is not
working and she is depending on her parents for her
livelihood apart from maintenance granted by the Family
Court. Learned counsel would submit that
respondent/husband has initiated proceedings in
M.C.No.1120/2022 on the file of Family Judge at
Bengaluru under Section 12(1)(a) r/w 13(1)(ia) of Hindu
Marriage Act, 1955, seeking dissolution of marriage.
Learned counsel would submit that it would be difficult for
the petitioner/wife to travel from Chikmagalur to
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Bengaluru and hence, it is prayed for transfer of
proceedings from Bengaluru to Chikmagalur.
4. Per contra, learned counsel, Sri.Tamoghna for
Sri.Raghuram Cadambi for respondent/husband would
submit that since respondent/husband is paying
maintenance of Rs.8,000/- per month, the petitioner can
travel from Chikmagalur to Bengaluru to conduct the
proceedings. Further learned counsel would submit that
petitioner/wife had entered appearance before the Family
Court and thereafter remained absent. Further it is
submitted that M.C.No.1120/2022 is at the stage of final
arguments.
5. While considering the transfer petitions filed
under Section 24 of CPC, that too in matrimonial cases,
the Court shall have to take note of the inconvenience or
hardship that would caused to the wife along with social
and financial status of the parties.
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6. In the instant case, the petitioner/wife is not
working and she is not having income of her own. The
petitioner/wife receives Rs.8,000/- per month as
maintenance from the respondent/husband. The
proceedings initiated by respondent/husband is pending
consideration before the Family Court, Bengaluru.
Learned counsel for the petitioner/wife submitted that
though the petitioner/wife appeared before the Family
Court at Bengaluru, subsequently she could not be present
before the Court due to financial difficulty and she has not
lead her evidence in the proceedings before the Family
Court. When the petitioner/wife is residing with her
parents at Chikmagalur, it would be appropriate to
transfer the proceedings to Chikmagalur and if the prayer
of the petitioner/wife is refused, the petitioner/wife would
suffer more inconvenience and hardship. Hence, the
following:
ORDER
(1) The petition under Section 24 of CPC is
allowed, directing transfer of
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M.C.No.1120/2022 from the Court of I
Addl. Principal Judge, Family Court,
Bangalore to Principal Judge, Family
Court, Chikmagalur, to dispose of the
same in accordance with law.
Sd/-
JUDGE
DR
