Karnataka High Court
Venodini W/O Punit P Rudre Shetti vs Punith S/O Prabhu Rudrashetti on 7 June, 2024
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CP No. 200028 of 2023
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 7TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE Mrs JUSTICE K S HEMALEKHA
CIVIL PETITION NO.200028 OF 2023 (RES)
BETWEEN:
1. VENODINI W/O PUNIT P. RUDRE SHETTI
AGE: 30 YEARS, OCC: HOUSEHOLD
R/O. MYSURU,
NOW RESIDING AT SHAHAPUR,
TQ: SHAHAPUR,
DIST: YADAGIR.
2. CHATURASHREE D/O PUNIT P.
AGE: 18 MONTHS (MINOR)
UNDER GUARDIANSHIP OF HER
NATURAL MOTHER i.e., PETITIONER NO.1.
Digitally
signed by ...PETITIONERS
SUMITRA
SHERIGAR (BY SRI NARENDRA M. REDDY, ADVOCATE)
Location: High
Court of
Karnataka AND:
PUNIT S/O PRABHU RUDRASHETTI
AGE: 32 YEARS, OCC: EMPLOYEE IN NUANCE
INDIAN PRIVATE LIMITED COMPANY,
BENGULURU-560001.
R/O. SARSWATHPURAM, 5TH MAIN,
H.NO. CH-1,
MYSURU.
...RESPONDENT
(SERVED)
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CP No. 200028 of 2023
THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF
THE CPC, PRAYING TO ALLOW THE PETITION AND TO
TRANSFER THE MATRIMONIAL CASE (M.C) NO.33/2023
PENDING ON THE FILE OF PRINCIPAL FAMILY COURT, MYSURU
TO THE COURT OF THE CIVIL JUDGE AND JMFC, SHAHAPUR
AND CLUB THE SAME WITH CRIMINAL MISCELLANEOUS
NO.432/2022.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
The present Civil Petition is filed by the wife seeking
transfer of MC No.33/2023 pending on the file of Principal
Family Court, Mysuru, to the Court of Civil Judge and JMFC,
Shahapur, wherein the petition filed by the wife in
Crl.Misc.432/2022 is pending.
2. Heard learned counsel Sri Narendra M. Reddy, for
the petitioner. Though the respondent is served with the notice
on 16.03.2022 he has chosen to remain absent.
3. Petitioner No.1 is the legally wedded wife of the
respondent; their marriage was solemnized on 26.02.2020 as
per the customs prevailing in their community, and out of the
wedlock petitioner No.2 is born. Due to un-cordial relationship
between petitioner No.1 and respondent they are living
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separately for quite some time. The wife filed petition seeking
maintenance in Crl. Misc. No.432/2022 before the Civil Judge
and JMFC Court, Shahapur. This being so, subsequently,
husband filed M.C. No.33/2023 seeking restitution of conjugal
rights under Section 9 of the Hindu Marriage Act, before the
Family Court, Mysuru.
4. Learned counsel for the petitioner would submit
that the petitioner is residing at Shahapur and maintenance
petition is filed by the wife in Shahpur in Crl.Misc.
No.432/2022; petitioner is a housewife and she has no source
of income. The grievance of the petitioner - wife is that the
M.C. petition filed by the husband is at Mysore and the travel
distance from Shahapur and Mysuru is around 580 kilometers,
causing inconvenience to her. It is also contended that the
petitioner has got a minor child aged about 18 months, making
it even more difficult for the wife to travel and attend the
proceedings initiated by the husband at Mysuru. In the said
circumstances, learned counsel would submit that the
convenience of the wife would be a paramount concern while
transferring the petition from one place to another.
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5. The travel distance from Shahapur where the
petitioners are residing and to Mysuru is around 580 kms., as
the travel distance is not only more than 580 kilometers, but
overnight journey to attend proceedings initiated by the
husband.
6. Section 24 of the Code of Civil Procedure
enumerates this Court to exercise 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 rather
than the inconvenience that would be caused to the husband as
held by Apex Court in catena of judgment in line, the Apex
Court in case of N.C.V. AISHWARYA VS. A.S.SARAVANA
KARTHIK SHA1 at para No.9 has held 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
2022 SCC OnLine SC 119
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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."
7. In the present facts and circumstances stated
above, the petitioner being a lady aged 30 years having minor
child, having no source of income to bear the expenses of
travel for staying at Mysuru, the distance between Shahapur to
Mysuru being more than 580 kilometers, inconvenience is
caused to the petitioner.
8. In light of the reasons stated supra, this Court is of
the considered view that the petition seeking transfer needs to
be allowed. Accordingly, this Court pass the following:
ORDER
a) The Civil Petition is allowed.
b) The M.C.No.33/2023 pending on the file of the
Principal Family Court, Mysuru is withdrawn
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and transferred to the Civil Judge and JMFC,
Shahapur to be heard along with Crl.Misc.
No.432/2022.
c) Parties to appear before the Civil Judge and
JMFC, Shahapur on 01.07.2024 without waiting
for further notice from the Court.
Sd/-
JUDGE
SBS
CT: VD
