Karnataka High Court
Shweta vs Prabhu on 4 April, 2024
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NC: 2024:KHC-K:2831
CP No. 200040 of 2023
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 4TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR. JUSTICE G BASAVARAJA
CIVIL PETITION NO.200040 OF 2023
BETWEEN:
SMT. SHWETA
W/O PRABHU BIRADAR
AGE: 35 YEARS, OCC: HOUSEHOLD WORK
R/O: UDACHAN TQ: AFAZALPUR,
DIST: KALABURAGI, NOW RESIDING WOMEN'S
COLLEGE DIV S B S ARTS COMMERCE SCIENCE
COLLEGE (BAGAREMMA SAJJAN COLLEGE)
S. S. COLLEGE CAMPUS, VIJAYAPURA-586101.
...PETITIONER
(BY SRI. SANGANABASAVA B. PATIL, ADVOCATE)
AND:
PRABHU
Digitally signed
by RAMESH S/O BASAVARAJ BIRADAR
MATHAPATI AGE: 37 YEARS, OCC: AGRICULTURE
Location: High
Court of R/O: UDACHA, NOW RESIDING AT
Karnataka DEVARA HIPPARAGI, TQ: DEVAR HIPPARAGI
DIST: VIJYAPURA-586101.
...RESPONDENT
(NOTICE TO RESPONDENTS IS HELD SUFFICIENT)
THIS CIVIL PETITION IS FILED U/S. 24 OF THE CPC, BY
THE ADVOCATE FOR PETITIONER PRAYING TO TRANSFER OF
THE CASE BEARING M.C. NO.46/2022 PENDING BEFORE THE
HON'BLE COURT OF SENIOR CIVIL JUDGE AND JMFC SINDGI
AT SINDGI VIJAYAPURA TO HON'BLE PRL. JUDGE FAMILY
COURT AT VIJAYAPURA AND ETC.
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NC: 2024:KHC-K:2831
CP No. 200040 of 2023
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
The petitioner has filed this petition under Section 24
of Code of Civil Procedure, 1908, seeking to transfer the
petition in M.C.No.46/2022 pending before the Court of
Senior Civil Judge and JMFC, Sindagi to the Court of
Principal Judge, Family Court, Vijayapura.
2. Learned counsel for the petitioner submits that
the respondent and his family members are very angry
with the petitioner and being economically using muscle
power and very strong persons and there is threat to the
petitioner from respondent and his family members. The
petitioner being the poor and helpless lady, staying with
her old aged maternal grandmother facing untold hardship
in meeting both the ends due to poverty and financial
constrains as such it is not possible to go to Sindagi in
attending the M.C.No.46/2022, on each and every date of
hearing and also she is unable to pay the Advocate's fee to
defend her case apart from paying traveling expenses
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which comes to at least Rs.2,000/- to Rs.3,000/- per trip.
Further, it is submitted that the respondent and his family
members have given the life threat to the petitioner and
demanding the dowry and the respondent has through out
the petitioner from the matrimonial house and the
petitioner has filed a complaint at Nelogi Police Station
against the respondent and his family members under
Sections 341, 498(A), 504, 506 r/w 34 of IPC, and the
respondent being an employer working as a
teacher/lecturer drawing salary of Rs.25,000/- to
Rs.30,000/- per month, on the other hand the petitioner
left with no income at all so as to maintain herself is
unable to attend the Court at Sindagi. The petitioner has
also filed petition in Crl.Misc.No.309/2021 seeking
maintenance before the Family Court at Vijayapura.
Hence, on these grounds sought to allow the petition. To
substantiate, his arguments the learned counsel for the
petitioner has produced the copy of petition filed by the
respondent in M.C.No.46/2022 pending on the file of the
Senior Civil Judge and JMFC, Sindagi and also copy of the
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petition under Section 125 of Cr.P.C., filed by the present
petitioner in Crl.Misc.No.309/2021 pending before the
Family Court, Vijayapura along with order sheet.
3. Though notice is duly served on respondent, he
remained absent and unrepresented.
4. I have carefully examine the material placed before
this Court and also the judgment of the Hon'ble Apex
Court in the case of N.C.V. Aishwarya Vs. A.S.Saravana
Karthik Sha reported in 2022 SCC Online SCC 1199,
wherein it is observed in paragraph No.9 as follows;
"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
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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."
5. Considering the reasons assigned in the petition and
also keeping in mind the decision of the Hon'ble Supreme
Court referred supra, it is just and proper to allow this
petition. Hence, I proceed to pass the following:
ORDER
(a) The petition is allowed.
(b) The proceedings in M.C.No.46/2022 pending on
the file of the Senior Civil Judge and JMFC,
Sindagi, is hereby transferred to the Court of
Principal Judge, Family Court at Vijayapura.
(c) The Principal Judge Family Court, Vijayapura to
proceed with the matter on receipt of the file
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from the same stage and dispose of the matter
in accordance with law.
(d) Registry is directed to send the copy of this
order to both the Courts for compliance and
also to the respondent by speed post.
Sd/-
JUDGE
MSR
