Karnataka High Court
Smt Arundhati W/O Amit Gondkar vs Shri Amit A. Gondkar S/O Late Ashok ... on 9 November, 2023
Bench: K.S.Hemalekha
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NC: 2023:KHC-D:13119
CP No. 100090 of 2023
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 9TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MRS JUSTICE K.S.HEMALEKHA
CIVIL PETITION NO.100090 OF 2023
BETWEEN:
SMT. ARUNDHATI W/O. AMIT GONDKAR,
AGE: 33 YEARS, OCC. WORKING AS A
SENIOR SOFTWARE ENGINEER,
R/O: AT EXPLEO TECHNOLOGY INDIA PVT. LTD.,
BENGALURU,
DAUGHTER OF H. BHAVANIRAO,
RESIDENCIAL NO.159, AKSHAYA,
LIG-II PHASE, KHB COLONY, GOPALA,
SHIVAMOGGA-577205.
... PETITIONER
(BY SRI. M.C. HUKKERI, ADVOCATE)
AND:
SRI. AMIT A. GONDKAR
Digitally
signed by S/O. LATE ASHOK C. GONDKAR
VISHAL AGE: 37 YEARS, OCC. WORKING AS A
VISHAL NINGAPPA
NINGAPPA PATTIHAL FINANCE ANAYST,
PATTIHAL Date: AT. DXC TECHNOLOGY PRIVATE LIMNITED, BENGALURU,
2023.11.15
11:19:10 R/O: MIG-515, 15TH CROSS, NAVANAGAR, HUBBALLI,
+0530
DISTRICT DHARWAD-580024.
... RESPONDENT
(BY SRI. RAKESH S. HATTIKATAGI, ADVOCATE)
THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CPC,
PRAYING TO, ALLOW THE CIVIL PETITION BY WITHDRAWING THE
M.C. NO.168/2023 PENDING ON THE FILE OF PRINCIPAL JUDGE,
FAMILY COURT, HUBBALLI AT HUBBALLI AND SAME IS TRANSFER TO
THE COURT DISTRICT FAMILY COURT, SHIVAMOGGA AT
SHIVAMOGGA, FOR ADJUDICATION OF THE MATTER IN ISSUE WITH
PERFECT MANNER IN THE INTEREST OF JUSTICE AND EQUITY.
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CP No. 100090 of 2023
THIS CIVIL PETITION, COMING ON FOR ADMISSION, THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
1. The present petition is by the wife seeking to
withdraw M.C. No.168/2023 pending on the file of the Prl.
Judge, Family Court, Hubballi and transfer the same to the
District Family Court, Shivamogga.
2. It is the case of the petitioner that the
petitioner is wife of the respondent and their marriage was
solemnized on 17.04.2015 as per the customs and rituals
prevailing in their community at Sree Malleshwara
Samudhaya Bhavan, Dannapur, Bhadravathi Taluka. From
the Wedlock, a male child is born by name Avik Akash
Gondkar and is now under the care and custody of the
petitioner aged about 1 year 8 month. It appears that due
to difference of opinion amongst the petitioner and the
respondent, they are living separately. The wife filed
maintenance petition in Crl. Misc. No.55/2023 under
Section 125 of the Cr.P.C. before the District Family Court
Shivamogga and the respondent - husband has tendered
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CP No. 100090 of 2023
his appearance through his advocate. The husband filed
petition under Section 9 of the Hindu Marriage Act seeking
for restitution of conjugal rights in M.C. No.168/2023
before the Family Court at Hubballi.
3. Heard Shri M.C. Hukkeri, learned counsel
appearing for the petitioner and Shri Rakesh S.Hattikatagi,
learned counsel appearing for the respondent.
4. Learned counsel appearing for the petitioner
submits that the petitioner is having custody of two years
old child and residing at Shivamogga along with her
parents, the distance from Shivamogga to Hubballi is
around 250 Kilometers causing inconvenience and financial
constraints to travel all the distance at around 250
Kilometers to attend the proceedings initiated by the
husband before the Family Court at Hubballi.
5. Learned counsel appearing for the respondent
submits that the respondent is working as Software
Engineer at Bengaluru and is now residing at Hubballi. He
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CP No. 100090 of 2023
further submits that the wife is also Software Engineer and
there cannot be any inconvenience or financial constraints
for the petitioner to appear in the proceedings initiated by
the husband at Hubballi and sought for dismissal of the
petition.
6. Section 24 of the 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
in the case of Sumita Singh Vs. Kumar Sanjay and
another1 has held that convenience of the wife must be
looked into.
7. In the recent decision, the Apex Court in the
case of N.C.V. Aishwarya vs. A.S.Saravana Karthik
AIR 2002 SC 396
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CP No. 100090 of 2023
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 having custody of minor child, she has to travel a
distance of more than 250 Kilometers night time to attend
the proceedings initiated by her husband at Hubballi,
which would cause inconvenience to the petitioner - wife,
the convenience of the wife needs to be considered than
the inconvenience that would be caused to the husband.
2022 SCC OnLine SC 119
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CP No. 100090 of 2023
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.168/2023 pending on the file of
the Prl. Judge, Family Court, Hubballi is
withdrawn and the same is transferred to
the District Family Court, Shivamogga.
(iii) On such transfer, the District Family Court,
Shivamogga shall dispose of the petition as
expeditiously as possible.
Sd/-
JUDGE
Vnp* / CT: UMD
