Karnataka High Court
Aishwarya vs Charalingesha on 14 February, 2025
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CP No. 200056 of 2024
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 14TH DAY OF FEBRUARY, 2025
BEFORE
THE HON'BLE MS JUSTICE J.M.KHAZI
CIVIL PETITION NO.200056 OF 2024
BETWEEN:
AISHWARYA,
W/O CHARALINGESHA KALAGUDI,
AGED ABOUT: 22 YEARS,
OCC: HOUSEWIFE,
R/O. BEVOOR, TQ. BAGALKOT,
DIST. BAGALKOT,
PRESENTLY AT TANGADAGI,
MUDDEBIHAL, DIST. VIJAYAPUR - 586 212.
...PETITIONER
Digitally signed
(BY SRI. GOPALKRISHNA B. YADAV,ADVOCATE)
by SHIVALEELA
DATTATRAYA AND:
UDAGI
Location: HIGH CHARALINGESHA,
COURT OF S/O HUCHCHAPPA KALAGUDI,
KARNATAKA
AGED ABOUT 35 YEARS,
OCC: GOVERNMENT SERVANT,
R/O. BEVOOR, TQ. BAGALKOT ,
DIST. BAGALKOT - 587 115.
...RESPONDENT
(RESPONDNET IS SERVED)
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CP No. 200056 of 2024
THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF
THE CPC, PRAYING TO TRANSFER THE MATRIMONIAL CASE
NO.18/2024 PENDING BEFORE THE PRINCIPAL JUDGE FAMILY
COURT AT BAGALKOT TO THE CIVIL COURT MUDDEBIHAL AND
PASS ANY OTHER ORDER OR DIRECTION AS THIS HON'BLE
COURT DEEMS FIT, IN THE FACTS AND THE CIRCUMSTANCES
OF THE CASE, IN THE INTEREST OF JUSTICE AND EQUITY.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MS JUSTICE J.M.KHAZI
ORAL ORDER
(PER: HON'BLE MS JUSTICE J.M.KHAZI)
This petition is filed under Section 24 of the Code of
Civil Procedure, 1908, by the wife, with a prayer to
transfer M.C.No.18/2024 on the file of Principal Judge,
Family Court, Bagalkot to the Court of Civil Court,
Muddebihal.
2. The petitioner has contended that she is the
legally weeded wife of respondent and their marriage was
solemnized on 20.04.2020 at Bevoor of Bagalkot. At the
time of marriage, dowry in the form of cash, house hold
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articles, gold and clothes etc., were given. After 5-6
months respondent started harassing and ill-treating the
petitioner for more dowry. He is not making for any
provisions of her sustenance. Despite holding panchayat
and advised by the elders, the harassment did not stop.
On the other hand, respondent has filed petition seeking
divorce making false allegations in M.C.No.18/2024 before
the Principal Judge, Family Court, Bagalkot. Petitioner has
filed Crl.Misc.No.320/2024 U/s 12 of Protection of Women
From Domestic Violence Act, 2005 seeking maintenance
and other reliefs before the Court of Civil Judge and JMFC,
Muddebihal.
3. Petitioner is residing at Tangadagi which is at
distance of 90 km. from Bagalkot. It is very difficult for
the petitioner to travel to Bagalkot to attend the Court
proceedings and also spend money for traveling and other
expenses and hence the petition.
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4. Though duly served notice, respondent has
appeared and as such there is no resistance to the
petition.
5. Heard the arguments and perused the records.
6. Thus, petitioner is seeking transfer of M.C.
No.18/2024 pending on the file of Principal Judge, Family
Court, Bagalkot to the Court of Civil Judge, Muddebihal
where Crl.Misc.No.320/2024 filed under Section 12 of
D.V.Act is pending on the ground it would be very
inconvenient for her to attend the case at Family Court,
Bagalkot in addition to spending amount for traveling. The
claim of the petitioner that it would be inconvenient for her
to travel to Bagalkot to attend the Court proceedings, both
physically as well as financially cannot be disputed by the
respondent. Of course it would also be inconvenient for
the respondent to travel to Muddebihal, if the petition filed
by him for divorce is transferred from Bagalkot to
Muddebihal.
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7. However, in the judgments, reported in (2001)
10 SCC 41 in the matter of Sumita Singh vs. Kumar
Sanjay and another and (2005) 12 SCC 237 in the
matter of Rajani Kishor Pardeshi vs. Kishor Babulal
Pardeshi, the Hon'ble Apex Court has held that in this
type of matrimonial cases the inconvenience of wife has to
be preferred over the inconvenience of the husband,
especially when the litigation has been initiated by the
husband.
8. Having regard to the facts and circumstances of
the case and relying upon above two decisions of the
Hon'ble Apex Court, this court is of the considered opinion
that the inconvenience that would be caused to the
petitioner is more, when compared to that of the
respondent.
9. However, Crl.Misc.No.320/224 filed U/s 12 of
the D.V.Act, 2005 is pending before Civil Judge & JMFC,
Muddebihal. It is not having jurisdiction to decide the
divorce petition filed by the respondent in
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M.C.No.18/2024. Therefore, it is required to be transfer to
the Court of Senior Civil Judge & JMFC, Muddebihal.
Therefore, in order to make it convenient for both the
parties and also to avoid conflicting decisions on
contentious issues, it is also necessary to withdraw
Crl.Misc.No.320/2024 on the file of Civil Judge & JMFC,
Muddebihal and transfer the same to the Court of Senior
Civil Judge & JMFC, Muddebihal and accordingly, the
following;
ORDER
I. The petition filed under Section 24 of the
Code of Civil Procedure is allowed.
II. The M.C.No.18/2024 on the file of Principal
Judge, Family Court, Bagalkot is withdrawn
and transferred to the Court of the Senior
Civil Judge & JMFC, Muddebihal.
III. Similarly Crl.Misc.No.320/2024 pending on
the file of Civil Judge & JMFC, Muddebihal is
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withdrawn and transferred to Court of the
Senior Civil Judge & JMFC, Muddebihal.
IV. The Court of the Senior Civil Judge & JMFC,
Muddebihal, is directed to take the matters on
record and proceed in accordance with law.
Sd/-
(J.M.KHAZI)
JUDGE
SMP
