Karnataka High Court
Umesh S @ Umesh Kumar vs Smt Pooja on 10 January, 2024
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CP No. 265 of 2023
C/W CP No. 290 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE C.M. POONACHA
CIVIL PETITION NO. 265 OF 2023
C/W
CIVIL PETITION NO. 290 OF 2023
IN CP NO.265/2023
BETWEEN:
1. SMT. POOJA
W/O UMESH S
AGED ABOUT 27 YEARS,
R/AT KAGALVADI GRAMA
CHAMARAJANAGAR TALUK,
CHAMARAJANAGAR DISTRICT 571117
...PETITIONER
(BY SMT. P C SUNITHA., ADVOCATE)
AND:
Digitally signed
by BHARATHI 1. SRI UMESH S @ UMESH KUMAR
S S/O SHIVAKUMAR,
Location: HIGH
COURT OF AGED ABOUT 31 YEARS,
KARNATAKA R/AT UDANAHALLI,
MELEKOTE CROSS,
NEAR BASAVESHWARA TEMPLE,
TUBUGERE HOBLI,
DODDABALLAPUR 561203
...RESPONDENT
(BY SMT NIRMALA K, ADVOCATE FOR C/RESPONDENT)
THIS CIVIL PETITION IS FILED UNDER SEC.24 OF THE CPC,
PRAYING TO TRANSFER THE CASE IN M.C.NO.117/2022 PENDING
BEFORE THE PRINCIPAL SENIOR CIVIL JUDGE, JMFC,
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CP No. 265 of 2023
C/W CP No. 290 of 2023
DODDABALLAPUR, BANGALORE RURAL TO SENIOR CIVIL JUDGE AND
CJM COURT, CHAMARAJNAGAR AND ETC.
IN CP NO.290/2023
BETWEEN:
1. UMESH S @ UMESH KUMAR
S/O SHIVAKUMARA,
AGED ABOUT 31 YEARS,
R/AT NO.100, BASAVESHWARA NILAYA,
SKANDA LAYOUT,
NEAR T B CROSS,
DODDABALLAPURA TOWN,
DODDABALLAPURA.
...PETITIONER
(BY SMT. NIRMALA K., ADVOCATE)
AND:
1. SMT POOJA
W/O UMESH S,
AGED ABOUT 27 YEARS,
R/AT KAGALAVADI VILLAGE,
DODDABEEDI,
CHAMARAJANAGARA TALUK,
CHAMARAJANAGARA DISTRICT-571117.
...RESPONDENT
(BY SMT P C SUNITHA., ADVOCATE)
THIS CIVIL PETITION IS FILED UNDER SEC.24 OF CPC,
PRAYING TO CALL FOR THE RECORDS AND TRANSFER THE PETITION
BEARING M.C.NO. 76/2022 FOR DIVORCE PENDING ON THE FILE OF
ADDL. SENIOR PRINCIPAL CIVIL JUDGE AND JMFC,
CHAMARAJANAGAR TO THE LEARNED THE PRINCIPAL JUDGE, CIVIL
JUDGE AND JMFC, DODDABAALLAPUR FOR ADJUDICATION AND
GRANT SUCH OTHER RELIEF IN THE INTEREST OF JUSTICE AND
EQUITY.
THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY,
THE COURT MADE THE FOLLOWING:
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CP No. 265 of 2023
C/W CP No. 290 of 2023
JUDGMENT
Since the parties in both the petitions are the same, both
the petitions are taken up together for consideration.
2. For the sake of convenience, the parties herein are
referred to as per their relationship.
3. The relevant facts necessary for consideration of
the present petitions are that the marriage between the parties
was solemnized on 16.4.2015, consequent to which the parties
were residing together in the matrimonial home. Thereafter,
due to various reasons, from October 2019 the parties have
been living separately.
4. MC No.117/2022 has been filed by the husband on
30.11.2022 in the Court of the Senior Civil Judge and JMFC,
Doddaballapur under Section 9 of the Hindu Marriage Act,
19551 for restitution of conjugal rights. MC No.76/2022 has
been filed by the wife on 13.12.2022 in the Court of Additional
Senior Civil Judge and JMFC, Chamarajanagar under Section
13(1)(1a) and 1(b) of the Act for divorce.
Hereinafter referred to as the 'Act'
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5. Seeking transfer of MC No.76/2022 to the
jurisdictional Court at Doddaballapur, the husband has filed CP
No.290/2023 and seeking transfer of MC No.117/2022 to the
jurisdictional Court at Chamarajanagar, the wife has filed CP
No.265/2023.
6. Learned counsel for the wife submits that in MC
No.76/2022 initiated by the wife, the evidence of PW.1 has
been recorded in part and at the stage of further evidence,
since the husband raised an objection for marking of the
photographs, the matter was deferred, consequent to which a
writ petition was filed before this Court, which has now been
disposed of. Hence, she submits that that MC No.76/2022 is
already at the stage of trial. She further submits that in
MC.No.117/2022 the objections are yet to be filed. She further
submits that although the wife is currently staying at London
pursuing her further education, she was staying along with her
parents at Chamarajanagar and hence MC No.117/2022 be
transferred to Chamarajanagar to enable her to effectively
contest the said proceedings. She submits that it is not
possible for the wife to go to Doddaballapur to contest the
proceedings initiated by the husband since she apprehends
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danger to her life and it is not possible for her to travel alone to
Doddaballapur to contest the said case. Hence, she seeks for
allowing the petition filed by the wife and dismissing the
petition filed by the husband.
7. Per contra, learned counsel for the husband submits
that the husband had incurred all the financial expenses for the
wife to pursue her education and for the said purpose he has
availed a loan, which is required to repaid by him. She further
submits that the husband is residing at Doddaballapur and it
will not be possible for him to travel to Chamarajanagar which
is at a distance of about 200 kms., and takes more than 4
hours of journey. She further submits that the mother of the
husband is aged and suffering from ailments and it is necessary
for him to stay at Doddaballapur for ensuring her adequate
care. That the request of the husband for transfer of the case
is required to be granted having regard to the fact that the wife
is currently at London and hence, the request of the wife is not
required to be acceded to as she is not staying at
Chamarajanagar.
8. The submissions of both the learned counsel have
been considered and the material on record has been perused.
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The question that arises for consideration is, Whether the
proceedings initiated by the respective parties are required to
be transferred? If so, the place where the same is to be
transferred?
9. The essential facts regarding the matrimonial
relationship, pendency of legal proceedings as noticed above
are undisputed. It is further undisputed that the wife is
currently pursuing her further education at London. It is
submitted that another one year of her education is remaining,
consequent to which she is required to return to
Chamarajanagar. Having regard to the aforementioned, at this
point of time, it would not be appropriate to record any finding
as to where the wife will be residing consequent to her
completing education at London.
10. It is relevant to note that the husband is gainfully
employed at Doddaballapur and he is required to take care of
his aged mother and he is required to pursue his employment.
11. It is noticed that the distance between
Doddaballapur and Bengaluru is approximately about 50 kms.,
and takes less than 1 and a half hour of journey. Further, the
distance between Chamarajanagar and Bengaluru is less than
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200 kms., and takes about 3 and a half hours journey. In the
current situation, the wife will be participating in the
proceedings through video conferencing. Hence, if the
proceedings are transferred to the Court at Chamarajanagar as
requested by the wife a great hardship will be caused to the
husband. However, the question of transferring the proceedings
to the Court at Doddaballapur does not arise in view of the fact
that the wife apprehends danger if she is required to travel to
Doddddaballapur as also the fact that she currently has no
independent source of income.
12. Keeping in mind the hardship that will be caused to
both the parties, if transfer is ordered and having regard to the
fact that Bengaluru would be a more central place, having
adequate transport facilities as also better connectivity, it is
just and proper that both the proceedings initiated by the
respective parties be transferred to Bengaluru. The question
framed for consideration is answered accordingly.
13. In view of the aforementioned, the following order
is passed;
ORDER
i. The above petitions are allowed;
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ii. MC.No.76/2022 pending on the file of Additional
Senior Civil Judge and JMFC, Chamarajangar and MC
No.117/2022 pending on the file Principal Senior Civil
Judge and JMFC, Doddaballapur, shall stand transferred
to the Court of the Principal Judge, Family Court,
Bengaluru. It shall be open to the Principal Judge,
Family Court Bengaluru to assign both the proceedings
to an appropriate Court;
iii. Both the parties shall appear before the Principal
Judge, Family Court, Bengaluru on 12.02.2024 without
the requirement of any further notice being issued in
this regard;
iv. Consequent to transfer, the transferee Court shall
conduct further proceedings in accordance with law;
v. It is open to the parties to make a request to the
transferee Court to participate in the proceedings
through video conferencing. If such a request is made,
the same shall be considered appropriately, in
accordance with law.
v. All contentions of the parties are left open.
Sd/-
JUDGE
ND
