Karnataka High Court
Smt Shridevi W/O Ajaykumar ... vs Ajaykumar S/O Sangayya Nilanjamnamath on 14 December, 2023
-1-
NC: 2023:KHC-D:14657
CP No. 100104 of 2023
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 14TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MRS JUSTICE K.S.HEMALEKHA
CIVIL PETITION NO.100104 OF 2023
BETWEEN:
SMT. SHRIDEVI
W/O AJAYKUMAR NILAGANJANMATH
D/O VEERABADRAYYA YARAGAMBLIMATH
AGE. 27 YEARS, OCC. PRIVATE SERVICE,
R/O. VIVEKANANDA NAGAR,
NEAR SAI TEMPLE GADAG-583101.
...PETITIONER
(BY SMT. RUKMINI M.PATIL, ADVOCATE FOR
SRI. SRINIVAS B.NAIK, ADVOCATE)
AND:
AJAYKUMAR
S/O SANGAYYA NILANJANMATH
AGE. 29 YEARS, OCC. PRIVATE SERVICE,
R/O. PRIYADARSHINI COLONY,
GOKUL ROAD, HUBBALLI-580020.
Digitally
signed by
...RESPONDENT
VISHAL
VISHAL NINGAPPA (BY SRI. S.B. DODDAGOUDAR, ADVOCATE FOR
NINGAPPA PATTIHAL
PATTIHAL Date: SRI. M.A. MAKANDAR, ADVOCATE)
2023.12.15
10:30:43
+0530
THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF THE
CODE OF CIVIL PROCEDURE, 1908, PRAYING TO, A. PASS AN ORDER
OF WITHDRAWAL OF MC.NO. 211/2023 PENDING ON THE FILE OF
PRINCIPAL FAMILY COURT, HUBBALLI, AND TRANSFER IT TO THE
COURT OF PRINCIPAL JUDGE FAMILY COURT AT GADAG IN THE
ENDS OF JUSTICE AND EQUITY. B. PASS SUCH OTHER ORDER AS
DEEMED FIT IN THE INTEREST OF JUSTICE AND EQUITY.
THIS CIVIL PETITION, COMING ON FOR ADMISSION, THIS
DAY, THE COURT MADE THE FOLLOWING:
-2-
NC: 2023:KHC-D:14657
CP No. 100104 of 2023
ORDER
The present petition by the wife seeking to withdraw
M.C. No.211/202 pending on the file of the Prl. Family
Court, Hubballi and transfer the same to the Prl. Judge,
Family Court at Gadag.
2. It is the case of the petitioner that the
petitioner is the wife of the respondent and their marriage
was solemnized on 07.04.2022 as per the Hindu Customs,
Rituals and Traditions prevailing in their Community. Due
to un-cordial relationship between the petitioner and the
respondent, they are living separately. It appears that the
respondent - husband has filed petition in M.C.
No.211/2022 before the Prl. Family Court, Hubballi
seeking divorce.
3. Heard Smt.Rukmini M.Patil, learned counsel
appearing for the petitioner and Sri.S.B. Doddagoudar,
learned counsel appearing for the respondent.
NC: 2023:KHC-D:14657
4. Learned counsel appearing for the petitioner -
wife would contend that the petitioner is residing at Gadag
along with her parents and the distance between Gadag to
Hubballi is 60 to 70 kms., causing inconvenience to the
wife to attend the proceedings initiated by her husband at
HUbballi. It is further contended that in a matrimonial
matters, convenience of the wife takes a paramount
concern while transferring the petition from one place to
another.
5. Per contra, learned counsel appearing for the
respondent - husband would contend that the petitioner
has not made out any ground to seek transfer of the
petition.
6. Section 24 of CPC enumerates this Court to
exercise the power to transfer the petition, suit, appeal or
other proceedings where justice demands. In transfer
petition, where the transfer is sought by the wife, the
convenience of wife needs to be considered as held by the
Apex Court in catena of judgments in line. The Apex Court
NC: 2023:KHC-D:14657
in the case of Sumita Singh Vs. Kumar Sanjay and
another1 has held that convenience of the wife must be
looked into.
7. The Apex Court in the recent decision, in the
case of N.C.V. Aishwarya vs. A.S.Saravana Karthik
Sha2 has held that at paragraph No.9, which reads as
under:
"9. The cardinal principle for exercise of
power under Section 24 of the Code of Civil
Procedure is that the ends of justice should 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 both the parties, the social strata of
the spouses and their behavioural pattern, their
standard of life prior to the marriage and
subsequent thereto and the circumstances of both
the parties in eking out their livelihood and under
whose protective umbrella they are seeking their
sustenance to life. Given the prevailing socio-
economic paradigm in the Indian society, generally,
it is the wife's convenience which must be looked at
while considering transfer."
8. In the instant case, the petitioner is an young
lady aged about 23 years residing at Gadag at her parents'
AIR 2002 SC 396
2022 SCC OnLine SC 119
NC: 2023:KHC-D:14657
house. The travel distance from Gadag to Hubballi is 60 to
70 kms. causing inconvenience to the petitioner - wife to
attend the proceedings initiated by her husband at
Hubballi.
9. For the aforesaid reasons, this Court is of the
considered view that the petition filed by the wife needs to
be allowed. Accordingly, this Court pass the following:
ORDER
(i) The civil petition is allowed.
(ii) M.C. No.211/2023 pending on the file of
the Prl. Family Court, Hubballi is
withdrawn and same is transferred to the
Prl. Judge, Family Court at Gadag.
Sd/-
JUDGE
VNP, CT: UMD
