Karnataka High Court
Smt Roopa D M W/O D R Revanna vs Sri Revanna D.R. S/O Rachaiah on 3 November, 2023
Bench: K.S.Hemalekha
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NC: 2023:KHC-D:12858
CP No. 100098 of 2022
IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH
DATED THIS THE 3RD DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MRS JUSTICE K.S.HEMALEKHA
CIVIL PETITION NO.100098 OF 2022
BETWEEN:
SMT. ROOPA D. M. W/O. D. R. REVANNA
AGE. 34 YEARS,
OCC. GOVT. HIGHER PRIMARY SCHOOL TEACHER,
CHIKKADENKANAKAL VILLAGE,
TQ. KANAKAGIRI, DIST. KOPPAL,
NOW R/O. B.T.PATIL NAGAR, KOPPAL,
TQ AND DIST. KOPPAL.
...PETITIONER
(BY SRI D. V. PATTAR, ADVOCATE)
AND:
Digitally
signed by
VISHAL
VISHAL NINGAPPA SRI REVANNA D.R. S/O. RACHAIAH,
NINGAPPA PATTIHAL AGE. 44 YEARS,
PATTIHAL Date:
OCC. PRIVATE CONTRACTOR AND POLITICIAN
2023.11.06
10:58:25 R/O. #94, DORANAHALLI VILLAGE,
+0530
KIRUGAVALU HOBLI, MALAVALLI TALUK,
DIST. MANDYA DISTRICT.
...RESPONDENT
(BY SRI HANUMESH M. DESAI, ADVOCATE FOR
SRI NEELENDRA D. GUNDE, ADVOCATE)
THIS CIVIL PETITION IS FILED U/SEC.24 OF CPC, PRAYING TO
TRANSFER THE MATRIMONIAL CASE NO. 54/2021 FILED BY THE
RESPONDENT PENDING ON THE FILE OF LEARNED SENIOR CIVIL
JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS MALAVALLI TO
PRINCIPAL JUDGE FAMILY COURT AT KOPPAL, IN THE INTEREST OF
MEETING THE JUSTICE.
THIS CIVIL PETITION, COMING ON FOR ADMISSION, THIS
DAY, THE COURT MADE THE FOLLOWING:
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CP No. 100098 of 2022
ORDER
The present petition by the wife seeking to withdraw
M.C.No.54/2021 pending on the file of the Senior Civil
Judge and JMFC, Malavalli and transfer the same to the
Principal Judge, Family Court at Koppal.
2. The marriage of the petitioner and the
respondent having been solemnized on 04.12.2008 as per
the Hindu customs and traditions prevailing in their
community is not in dispute. It is also not in dispute that
matrimonial life of the petitioner and respondent was
continued for nearly eight years. From their wedlock, a son
is born by name Preetham. However, due to uncordial
relationship between the petitioner and the respondent
they are living separately. It appears that the wife has
filed petition in M.C.No.69/2021 seeking divorce before the
Family Court at Koppal and the same came to be allowed.
Against which, the husband has filed miscellaneous first
appeal before this Court and an order of stay has been
obtained and the same is pending for consideration. The
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CP No. 100098 of 2022
Facts reveal that the husband subsequently has filed
petition under Section 9 of the Hindu Marriage Act seeking
for restitution of conjugal rights before the Senior Civil
Judge and JMFC, Malavalli in MC.No.54/2021.
3. Heard Sri D.V.Pattar, learned counsel appearing
for the petitioner and Sri Hanumesh M.Desai, learned
counsel appearing for the respondent.
4. Learned counsel for the petitioner-wife submits
that, the wife is residing at Koppal and the travel distance
between Koppal and Malavalli is around 397 Kms., causing
inconvenience to the petitioner-wife to attend the
proceedings initiated by the husband at Malavalli. It is
contended that the petitioner is also in custody of the
minor child which is also one of the cause for her to seek
transfer of the petition.
5. Per contra, learned counsel for the respondent-
husband would contend that the petitioner is working as a
Teacher in the Government Higher Primary School and
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CP No. 100098 of 2022
traveling from Koppal to Malavalli would not be
inconvenience either financially or physically and sought to
dismiss 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
Apex Court in catena of judgments in line. In matrimonial
matters where the transfer is sought by the wife, the
convenience of the wife has to be looked into then the
inconvenience that would be caused to the respondent.
7. 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.
AIR 2002 SC 396
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CP No. 100098 of 2022
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 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 in custody
of a minor child, the travel distance from Koppal to
Malavalli is around 397 Kms., which is a night time
journey invariably she has to be accompanied by any
member of the family to attend the proceedings initiated
2022 SCC OnLine SC 119
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CP No. 100098 of 2022
by the husband at Malavalli, which not only causes
financial burden as well as inconvenience to the wife.
Under the said circumstances, 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
1. The Civil Petition is hereby allowed.
2. M.C.No.54/2021 on the file of Senior Civil
Judge, Malavalli is withdrawn and
transferred to the Principal Judge, Family
Court, Koppal.
(Sd/-)
JUDGE
EM
