Supriya vs Kalyankumar
2025 Latest Caselaw 3122 Kant

Karnataka High Court

Supriya vs Kalyankumar on 30 January, 2025

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                                                           NC: 2025:KHC-K:663
                                                       CP No. 200044 of 2024




                               IN THE HIGH COURT OF KARNATAKA,

                                      KALABURAGI BENCH

                           DATED THIS THE 30TH DAY OF JANUARY, 2025

                                            BEFORE
                               THE HON'BLE MS JUSTICE J.M.KHAZI
                               CIVIL PETITION NO.200044 OF 2024
                   BETWEEN:

                   1.   SMT. SUPRIYA W/O KALYANKUMAR BELAM,
                        AGE: 22 YEARS, OCC: HOUSEHOLD AND STUDENT,
                        R/O. NEAR LAXMI NAGAR,
                        AMBA BHAVANI TEMPLE,
                        DABARABAD CROSS,
                        KALABURAGI - 585 103.
                                                               ...PETITIONER
                   (BY SRI. JIDAGE KAILASH C., ADVOCATE)


                   AND:
                   1.   SRI. KALYANKUMAR S/O BHIMASH BELAM,
                        AGE: 31 YEARS, OCC: PRIVATE WORK,
Digitally signed
                        R/O. BALEN GALLI ALAND, TQ: ALAND,
by SHIVALEELA           DIST: KALABURAGI - 585 302.
DATTATRAYA
UDAGI                                                         ...RESPONDENT
Location: HIGH
COURT OF           (SERVED)
KARNATAKA

                          THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF
                   CODE OF CIVIL PROCEDURE CODE, PRAYING TO TRANSFER THE
                   PROCEEDING IN M.C.NO.25/2024 ON THE FILE OF HON'BLE
                   SENIOR CIVIL JUDGE ALAND TO THE HON'BLE DISTRICT JUDGE
                   FAMILY COURT, KALABURAGI.

                       THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
                   ORDER WAS MADE THEREIN AS UNDER:
                               -2-
                                             NC: 2025:KHC-K:663
                                        CP No. 200044 of 2024




CORAM:    HON'BLE MS JUSTICE J.M.KHAZI


                           ORAL ORDER

(PER: HON'BLE MS JUSTICE J.M.KHAZI)

This petition is filed by the petitioner-wife under

Section 24 of the Code of Civil Procedure, 1908, with a

prayer to transfer M.C.No.25/2024 pending on the file of

Senior Civil Judge, Aland to the Prl. Judge, Family Court,

Kalaburagi.

2. In support of the petition, the petitioner has

contended that her marriage with respondent was

solemnized on 12.03.2023 at A.V.Patil Mangal Karyalaya,

Aland, Dist. Kalaburagi. After the marriage, the petitioner

was harassed both physically and mentally. Respondent

failed to maintain and look after her. At the time of

marriage, she had completed PUC-II year. The respondent

and his family members assured that they will allow the

petitioner to continue her studies. However, they did not

keep up their promise. Now the petitioner is pursuing

NC: 2025:KHC-K:663

BA I-year at Sharada Degree College, near Shetty Talkies,

Kalaburagi.

3. Respondent has filed petition for divorce in

M.C.No.25/2024 before the Senior Civil Judge, Aland. As a

woman it is difficult for petitioner to attend the said case

at Aland and also spend money for traveling and other

expenses. The comparative hardship would be more to the

petitioner than the respondent and hence, the petition.

4. Though notice of this petition is duly served on

respondent, he has not appeared before the Court.

5. Heard the arguments and perused the record.

6. Thus, petitioner who is legally wedded wife of

respondent is seeking transfer of M.C.No.25/2024 filed by

respondent before the Aland Court to Kalaburagi, on the

ground that after she was driven out of the matrimonial

home, she is residing at Kalaburagi and she is pursuing

her studies in BA I-year and as a woman it is difficult for

her to attend the Court at Aland.

NC: 2025:KHC-K:663

7. The grounds urged in the petition seeking

transfer have remained unchallenged, since respondent

has remained ex parte. If M.C.No.25/2024 is transferred

from Aland to Kalaburagi, it would also be difficult and

inconvenient to the respondent. 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. Therefore, the petitioner is entitled for the

NC: 2025:KHC-K:663

relief sought in the petition. Accordingly, I proceed to pass

the following:

ORDER

(i) The petition filed by the petitioner-wife

under Section 24 of the Code of the Civil

Procedure, 1908, is hereby allowed.

(ii) The M.C.No.25/2024 on the file of Senior

Civil Judge, Aland filed by the respondent-

husband is withdrawn and transferred to

the Court of Prl. Judge, Family Court,

Kalaburagi.

(iii) The Prl. Judge, Family Court, Kalaburagi, is

directed to take the matter on record and

proceed in accordance with law.

Sd/-

(J.M.KHAZI) JUDGE

SDU

CT: NI