[Cites 2, Cited by 0]
Karnataka High Court
Smt Vidya Chinnakar W/O Satyanarayan ... vs Satyanarayan S/O Venkanna Alias ... on 7 April, 2026
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CP No. 100047 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 7TH DAY OF APRIL 2026
BEFORE
THE HON'BLE MRS JUSTICE GEETHA K.B.
CIVIL PETITION NO. 100047 OF 2024 (-)
BETWEEN:
SMT. VIDYA W/O. SATYANARAYAN CHINNAKAR,
D/O. LATE KHARNAPPA,
AGED ABOUT 30 YEARS, OCC: HOUSEHOLD WORK,
R/O. WARD NO.10, NEAR DURGA VIHAR,
TQ & DIST: BAGALKOT.
...PETITIONER
(BY SMT. SHRIDEVI B. ALBA, ADVOCATE)
AND:
SRI. SATYANARAYAN
S/O. VENKANNA CHINNAKAR,
AGED ABOUT 38 YEARS, OCC: DAR POLICE,
R/O. H.NO.75/2 G.G. HOSPITAL ROAD,
NEAR S.P. OFFICE, POLICE COLONY,
KALABURAGI-585105
Digitally signed
by BHARATHI
HM NOW RESIDING AT IST BATALIYAN,
Location:
HIGH COURT
OF
MADIWALA, BENGALURU.
KARNATAKA,
DHARWAD ...RESPONDENT
BENCH
(BY SRI. SANTOSH KANAL, ADVOCATE)
THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF
CPC, PRAYING TO ALLOW THIS PETITION AND TRANSFER THE
M.C.NO.409/2023 PENDING BEFORE THE PRL. JUDGE,
ADDITIONAL FAMILY COURT AT KALABURAGI FILED BY THE
RESPONDENT, TO THE COURT OF PRL. JUDGE, FAMILY COURT
AT BAGALKOTE, IN THE INTEREST OF JUSTICE AND EQUITY.
THIS PETITION, COMING ON FOR ADMISSION THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
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CP No. 100047 of 2024
HC-KAR
CORAM: THE HON'BLE MRS JUSTICE GEETHA K.B.
ORAL ORDER
Heard learned counsel for petitioner, Smt.Shridevi B
Alba through Video Conference.
2. Petitioner has filed this petition under Section 24
of Code of Civil Procedure, 1908 praying for transfer of MC
No.409/2023 on the file of Principal Judge, Additional Family
Court, Kalaburagi to Principal Judge, Family Court,
Bagalkote.
3. It is stated in the petition that petitioner is wife
and respondent is the husband and their marriage was
solemnized on 19.11.2013 at Kalaburagi. After petitioner
gave birth to a son, respondent has never came back to see
her. Hence, the petitioner has filed Crl.Misc.No.41/2021
before the Principal Judge, Family Court, Bagalkote, which
was allowed after contest.
4. Now the petitioner has filed
Crl.Misc.No.105/2022 for recovery of arrears of
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maintenance from respondent. Petitioner has filed G&WC
No.3/2023 for custody of her daughter Priyanka against
respondent and it is pending before the Principal Judge,
Family Court, Bagalkote. Only afterwards, the respondent
has filed M.C.No.409/2023, which is pending before the
Principal Judge, Family Court, Kalaburagi.
5. Learned counsel for the petitioner contended that
it is difficult for petitioner to travel from Bagalkote to
Kalaburagi. Furthermore, her two petitions i.e.
Crl.Misc.No.105/2022 for recovery of arrears of
maintenance amount and G&WC No.3/2023 for custody of
her daughter are pending before the Principal Judge, Family
Court, Bagalkote. Hence, prayed for transfer of MC petition
also to the Principal Judge, Family Court, Bagalkote.
6. After service of notice of petition, Sri Santosh
Kanal learned counsel undertook to file vakalath for
respondent, but has not filed vakalath till today and not
contested the petition.
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7. The matrimonial matters shall be conducted in
the place which is convenient and feasible to the wife.
8. In this regard, this Court relies on the judgment
of Hon'ble Apex Court in Civil Appeal No.4894/2022 (arising
out of SLP(C) No.16465/2021, wherein at pata No.9 it is
held 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 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 socioeconomic paradigm in the Indian
society, generally, it is the wife's convenience which
must be looked at while considering transfer."
9. Relying on the aforesaid citation, this Court holds
that the convenience and feasibility of wife shall be the
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paramount consideration while dealing with transfer of
matrimonial cases.
10. In this case, already two petitions filed by the
petitioner-wife are pending before the Principal Judge,
Family Court, Bagalkote. Hence, if MC petition is also
transferred from Kalaburagi to Bagalkote, it is feasible that
all the three matters could be disposed by the same Court.
11. Hence, this Court proceeds to pass the following:
ORDER
1. Petition filed under Section 24 of the Code of Civil
Procedure, 1908 is allowed.
2. M.C.No.409/2023 pending before the Principal Judge,
Additional Family Court, Kalaburagi is withdrawn and
transferred to the Principal Judge, Family Court,
Bagalkote, where Crl.Misc.No.41/2021 and G&WC
No.3/2023 are pending.
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3. Both parties are directed to co-operate for early
disposal of the case.
Sd/-
(GEETHA K.B.)
JUDGE
SH
CT-MCK
LIST NO.: 1 SL NO.: 26
