Civil Petition No. 1 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:19241 CP No. 1 of 2025 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE C.M. POONACHA CIVIL PETITION NO. 1 OF 2025 BETWEEN: SMT. UMADEVI C.B., D/O BASAVARAJU C.S., AND W/O SATHISH KUMAR S, AGED ABOUT 39 YEARS, R/AT CHELURU VILLAGE, KASABA HOBLI, GUBBI TALUK, TUMAKURU DISTRICT – 572 117. (BY SRI. RAMESH K.R., ADVOCATE) AND: …PETITIONER Digitally signed by BHARATHI S Location: HIGH COURT OF KARNATAKA
Legal Reasoning
SRI. SATHISH KUMAR S, S/O SIDDAGANGAPPA S, AGED ABOUT 39 YEARS, R/O BILIJAJI, HESARAGHATTA POST, BENGALURU NORTH TALUK, BENGALURU – 560 086. …RESPONDENT (BY SRI. SANTHOSH KUMAR M.B., ADVOCATE) *** THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF THE CIVIL PROCEDURE CODE, 1908, PRAYING TO WITHDRAW THE M.C.NO.664//2024 FILED BY THE RESPONDENT SEEKING RESTITUTION OF CONJUGAL RIGHTS UNDER SECTION 9 OF THE HINDU MARRIAGE ACT, AGAINST THE PETITIONER FROM THE COURT OF THE IV ADDITIONAL SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT, BENGALURU, AND ASSIGN THE SAME TO THE COURT OF THE SENIOR CIVIL JUDGE AT GUBBI, TUMAKURU DISTRICT, FOR DISPOSAL IN ACCORDANCE WITH LAW. - 2 - NC: 2025:KHC:19241 CP No. 1 of 2025 HC-KAR THIS CIVIL PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE C.M. POONACHA ORAL ORDER The present petition is filed under Section 24 of the Code of Civil Procedure, 1908, by the petitioner-wife seeking for transfer of M.C.No.664/2024, pending on the file of the IV Additional Senior Civil Judge, Bengaluru Rural District, Bengaluru, to the Court of the Senior Civil Judge, Gubbi, Tumakuru District. 2. For the sake of convenience, the parties herein are referred to as per their relationship. 3. The relevant facts in a nutshell leading to the filing of the present petition are that the marriage between the parties was solemnized on 23.11.2011 and a son is born on 10.11.2017 from their wedlock. The parties lived together in the matrimonial home for sometime. Thereafter, due to various reasons, the parties have been residing separately, since April-2023. - 3 - NC: 2025:KHC:19241 CP No. 1 of 2025 HC-KAR 4. The husband has filed M.C.No.664/2024 under Section 9 of the Hindu Marriage Act, 1955 ('H.M. Act' for short), seeking for restitution of conjugal rights on the file of the IV Additional Senior Civil Judge, Bengaluru Rural District, Bengaluru. Seeking for transfer of M.C.No.664/2024, the petitioner-wife has filed the present petition. 5. Sri. Ramesh K.R., learned counsel for the petitioner-wife contends that the petitioner-wife is taking care of the son of the parties and has no independent source of income. That the wife is dependent on her parents for the livelihood of herself and the son of the parties. He further contended that the respondent- husband is gainfully employed in a Private firm as a Security Guard and has independent source of income. The distance between the place of residence of the wife and Bengaluru is about 100 kms. and it would be inconvenient for the wife to effectively contest the proceedings initiated by the husband. Hence, he seeks for - 4 - NC: 2025:KHC:19241 CP No. 1 of 2025 HC-KAR allowing of the present petition and granting of the reliefs as sought for. 6. Per contra, Sri. Santhosh Kumar, M.B., learned counsel for the respondent-husband vehemently opposing the relief sought for in the petition, contends that without any reason, the wife has left the matrimonial home and is staying with her parents at Gubbi Taluk of Tumakuru District. That the husband having filed a petition for restitution of conjugal rights and being desirous of continuing the matrimonial relationship, the relief sought for in the present petition is required to be rejected. He further contends that the respondent-husband having been gainfully employed, it would be inconvenient for him to travel to Gubbi Taluk of Tumakuru District, for the purpose of prosecuting the proceedings initiated by him. 7. Rebutting the contentions put forth by the learned counsel for the respondent-husband, learned counsel for the petitioner-wife contends that due to the harassment meted out by the husband, the wife has been constrained - 5 - NC: 2025:KHC:19241 CP No. 1 of 2025 HC-KAR to stay along with her parents and the proceedings for restitution of conjugal rights have been initiated by the husband, only as an eye wash to evade the liability to pay the maintenance. 8. The submissions of both the learned counsel have been considered and the material on record has been perused. The question that arises for consideration is, whether the relief sought for in the present petition is liable to be granted? 9. The matrimonial relationship between the parties and the pendency of the legal proceedings between them, as also the fact that a son is born to the parties are not disputed. It is also undisputed that the petitioner-wife is currently staying along with her parents at the address mentioned in the cause title and that the son of the parties is under the care and custody of the wife. 10. Having regard to the contention of the petitioner- wife that the wife is not gainfully employed and is staying - 6 - NC: 2025:KHC:19241 CP No. 1 of 2025 HC-KAR along with her parents and is dependent on her parents for the livelihood of herself and the son of the parties and in view of the fact that the respondent-husband is gainfully employed and having independent source of income, as also in view of the settled proposition of law as held by the Hon’ble Supreme Court in the case of N.C.V. AISHWARYA VS A.S.SARAVANA KARTHIK SHA1 that while considering cases for transfer of matrimonial proceedings, the convenience of wife will have to be given precedence to, it is just and proper that the relief sought in the present petition be granted. Accordingly, the question framed for consideration is answered in the affirmative. 11. In view of the aforementioned, the following order is passed:
Decision
ORDER i. The above petition is allowed; 1 AIR ONLINE 2022 SC 1268 - 7 - NC: 2025:KHC:19241 CP No. 1 of 2025 HC-KAR ii. M.C.No.664/2024 pending on the file of the IV Additional Senior Civil Judge, Bengaluru Rural District, Bengaluru, shall stand transferred to the Court of the Senior Civil Judge, Gubbi, Tumakuru District; iii. The parties shall appear before the transferee Court on 03.07.2025, without the requirement of any further notice being issued in this regard; iv. Consequent to appearance of the parties before the Transferee Court, the transferee Court shall conduct further proceedings, in accordance with law; v. All contentions of the parties are left open. SD/- (C.M. POONACHA) JUDGE BMV* List No.: 1 Sl No.: 52