Karnataka High Court
Smt. Lakshmi Alias Rashmi ... vs Sri. Siddalingesh Alias Mahesh ... on 2 November, 2023
Bench: K.S.Hemalekha
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NC: 2023:KHC-D:12845
CP No. 100096 of 2023
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 2ND DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MRS JUSTICE K.S.HEMALEKHA
CIVIL PETITION NO.100096 OF 2023
BETWEEN:
SMT. LAKSHMI @ RASHMI SIDDALINGESH @ MAHESH
MALLAMMANAVAR
AGE. 21 YEARS, OCC. HOUSEHOLD,
R/O.INGALGI, TQ. KUNDGOL
DIST. DHARWAD-581113.
...PETITIONER
(BY SRI. VISHWANATH S. BICHAGATTI, ADVOCATE)
Digitally
signed by AND:
VISHAL
VISHAL NINGAPPA
NINGAPPA PATTIHAL SRI. SIDDALINGESH @ MAHESH S/O IRAPPA
PATTIHAL Date:
2023.11.08 MALLAMMANAVAR
11:26:32
+0530 AGE. 30 YEARS, OCC. AGRICULTURE,
R/O. BOMMANAHALLI, TQ. HANGAL
DIST. HAVERI -581203.
...RESPONDENT
(BY SRI. K. R. PATIL, ADVOCATE)
THIS CIVIL PETITION IS FILED U/SEC.24 OF CPC, PRAYING TO
PASS AN ORDER OF TRANSFERRING THE MATRIMONIAL CASE
BEARING M.C. NO. 08/2023 PENDING ON THE FILES OF THE
SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS,
HANGAL TO ADDITIONAL SENIOR CIVIL JUDGE AND JUDICIAL
MAGISTRATE FIRST CLASS COURT, KUNDGOL, IN THE INTEREST OF
JUSTICE AND EQUIT.
THIS CIVIL PETITION, COMING ON FOR ADMISSION, THIS
DAY, THE COURT MADE THE FOLLOWING:
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CP No. 100096 of 2023
ORDER
The present petition by the wife seeking to withdraw MC
No.8/2023 pending on the file of the Civil Judge and JMFC,
Hangal and transfer to the Additional Senior Civil Judge and
JMFC, Kundagol.
2. Heard the learned counsel for the petitioner and the
learned counsel appearing for the respondent.
3. The brief facts of the case are that:
The marriage between the petitioner and the respondent
was solemnized on 12.06.2020 at Haveri District, Hangal Taluk
Bommanahalli village as per the Hindu customs and rituals
prevailing in their community is not in dispute. Due to un-
cordial relationship between the petitioner and the respondent
they are living separately. It appears that the wife has initiated
Crl.Misc. No.99/2022 under Section 125 of Cr.P.C seeking
maintenance against the husband before the Civil Judge and
JMFC, Kundgol.
4. The husband has filed MC No.8/2023 before the
Senior Civil Judge and JMFC, Hangal against the wife seeking
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CP No. 100096 of 2023
divorce under Section 13(1)(i-a) and (i-b) of the Hindu
Marriage Act, 1955.
5. Learned counsel for the petitioner would submit
that the petitioner is a young lady and the distance between
Ingalagi and the place where the petitioner is residing to
Hangal is around 100 Kilometers and would contend that the
transfer facilities from Ingalagi to Hangal is not very convenient
as she has to change 2 to 3 buses to attend the proceedings
initiated by her husband at the Court of Hangal.
6. Per contra, learned counsel appearing for the
respondent would contend that the husband is an agriculturist
and he has got aged parents at home and his absence will
cause inconvenience to him and hardship to his parents, if the
petition as sought by the petitioner is allowed and transferred
to the Kundgol Court and sought to dismiss the petition.
7. The wife is residing at Ingalagi village in Kundgol
Taluk the distance between Ingalagi and Kundgol is around 18
Kilometers and from Kundagol to Hangal is around 80
Kilometers, the petitioner being a lady has to travel by
changing 2 to 3 buses which will cause inconvenience to the
petitioner-wife herein. The petition is filed seeking transfer
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CP No. 100096 of 2023
from Hangal to Kundgol which is convenient for the petitioner
to attend the proceedings initiated by the husband, since, the
distance from Ingalagi to Kundgol is just 18 Kilometers. The
Apex Court in the catena of Judgments in line has categorically
held that the convenience of the wife has to be looked into.
8. The Apex Court in the case of Sumita Singh Vs.
Kumar Sanjay and another1 has held that convenience of the
wife must be looked into. The Apex Court in the recent
decision, in the case of N.C.V. Aishwarya vs. A.S.Saravana
Karthik Sha2 has held 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
AIR 2002 SC 396
2022 SCC OnLine SC 119
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CP No. 100096 of 2023
prevailing socio- economic paradigm in the Indian society,
generally, it is the wife's convenience which must be
looked at while considering transfer."
9. In light of the said circumstances, the petitioner
being a young lady aged about 21 years, the distance between
Ingalgi more so from Kundgol to Hangal is around 80
Kilometers causing inconvenience to the petitioner. For the
foregoing 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 hereby allowed.
ii) The MC No.8/2023 pending on the file of
Senior Civil Judge and JMFC, Hangal is
withdrawn and transferred to Additional
Senior Civil Judge and JMFC Court,
Kundagol.
Sd/-
JUDGE
PJ/ Ct-Umd
