MRS. MONIKA C. @ VIDHYA v. SRI. NEHRU M.N., ADVOCATE)

(BY SRI. UDAY KUMAR M., ADVOCATE AND SRI. NEHRU M.N., ADVOCATE) …PETITIONER AND: MR. PRADEEP KUMAR, S/O GIRITHIMMAPPA, AGE 35 YEARS, C/O SAKAMMA W/O THIMMAPPA, R/O KESHAVANAGAR EXTEN, HARIHAR - 577 601. (RESPONDENT - SERVED) …RESPONDENT - 2 - NC: 2024:KHC:11539 CP No. 105 of 2022 C/W CP No. 326 of 2022 THIS CIVIL PETITION IS FILED UNDER SEC.24 OF CPC, PRAYING TO WITHDRAW AND TRANSFER THE M.C.NO. 398/2021 FROM THE FILE OF HON'BLE FAMILY COURT JUDGE AT DAVANAGERE TO HON'BLE FAMILY JUDGE AT SHIVAMOGGA AND FURTHER BE PLEASED TO GRANT ANY OTHER RELIEF/S AS THIS HON'BLE COURT DEEMS FIT IN THE FACT AND CIRCUMSTANCE OF THE CASE IN THE INTEREST OF JUSTICE AND EQUITY. C.P.NO.326/2022 BETWEEN: MRS. MONIKA C. @ SRIVIDHYA, D/O CHANDRASHEKAR T., AGED ABOUT 33 YEARS, R/AT METRO HOSPITAL, SHIVAMURTHY CIRCLE, SALAVANGA ROAD, SHIMOGA - 577204. (BY SRI. UDAY KUMAR M., ADVOCATE AND SRI. NEHRU M.N., ADVOCATE) …PETITIONER AND: MR. PRADEEP KUMAR, S/O GIRITHIMMAPPA, AGE 35 YEARS, C/O SAKAMMA W/O THIMMAPPA, R/O KESHAVANAGAR EXTEN, HARIHAR - 577 601. (RESPONDENT - SERVED) …RESPONDENT THIS CIVIL PETITION IS FILED UNDER SEC.24 OF CPC, PRAYING THE G&WC.NO.2/2022 FROM THE FILE OF HON'BLE JUDGE FAMILY TO WITHDRAW TRANSFER AND - 3 - NC: 2024:KHC:11539 CP No. 105 of 2022 C/W CP No. 326 of 2022 COURT AT DAVANAGERE TO HON'BLE FAMILY JUDGE AT SHIVAMOGGA AND FURTHER BE PLEASED TO GRANT ANY OTHER RELIEF/S AS THIS HON'BLE COURT DEEMS FIT IN THE FACT AND CIRCUMSTANCE OF THE CASE IN THE INTEREST OF JUSTICE AND EQUITY. THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING: ORDER C.P.No.105/2022 has been filed by the petitioner - seeking for withdrawal of proceedings M.C.No.398/2021 instituted by the respondent - husband seeking for dissolution of matrimonial relationship pending before the Family Court at Davangere and has sought for transfer of the said proceedings to the Family Court at Shivamogga.

2. The petitioner submits that she is working in private hospital at Shivamogga and in light of her duty to take care of a minor child of tender age who is now aged about 10 years, great hardship and inconvenience would be caused if the petitioner were to travel to attend proceedings instituted by the respondent - husband before - 4 - NC: 2024:KHC:11539 CP No. 105 of 2022 C/W CP No. 326 of 2022 the Court at Davangere and accordingly, transfer of proceedings is sought for.

3. Similarly, C.P.No.326/2022 has been filed by the petitioner - wife seeking for transfer of proceedings in G&WC.No.2/2022 pending before the Family Court at Davangere to Shivamogga on the same grounds of the inconveniences as referred to above.

4. It is further submitted that in light of the child also having to be presented before the Court if necessary in G&WC.No.2/2022, travelling the distance of about 90 kilometers to attend the proceedings before the Court at Davangere would cause hardship and inconvenience both to the petitioner and to her child and accordingly, seeks for allowing of the transfer petitions.

5. In light of the factual matrix having an overlapping both the civil petitions, both the matters are taken up together and disposed off by a common order. - 5 - NC: 2024:KHC:11539 CP No. 105 of 2022 C/W CP No. 326 of 2022

6. This Court in the case of Smt.M.V.Rekha v. Sri Sathya @ Suraj - ILR 2010 KAR 54070 in paragraph No.15 has held as hereunder: "The cardinal principle for exercise of power under Section 24 of the Code of Civil Procedure is that ends of justice 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 either of the parties, the social strata of the spouses and behavioural pattern, their standard of life antecedent to marriage and subsequent thereon and the circumstances of either of the parties in eking out their livelihood and under whose protective umbrella they are seeking their sustenance to life. Generally, it is the wife's convenience which must be looked at while considering transfer. Further, when proceedings in different Courts which raise common question of fact and law and when the decisions are interdependent, it is desirable that they should be tried together by the same Judge so as to avoid multiplicity in trial of the same issues conflict decisions (See Smt.NandaKishori v. S.B.Shiua Prakash AIR 1993 Kar 87, Sumita Singh v. Kumar Sanjay and Anr. - 6 - NC: 2024:KHC:11539 CP No. 105 of 2022 C/W CP No. 326 of 2022 MANU/SC/0936/2001:AIR 2002 SC 396 and Smt.Swarna Gouri v. Sri Vinayak Pujar MANU/KA/7130/2007 : ILR 2007 Kar 4561." (emphasis supplied)

7. Accordingly, the convenience of the wife is taken note of. Taking note of the distance of travel from Shivamogga to Davangere being about 90 kilometers, that the petitioner has a child aged about 10 years, the assertion of inconvenience made out being one which is factual in nature and not having been controverted by the respondent who though served has not been represented by the Counsel, case is made out to allow the petition.

8. Accordingly, C.P.No.326/2022 is allowed and the proceedings in G&WC.No.2/2022 pending on the file of Family Court at Davangere is withdrawn and directed to be made over jurisdictional Family Court at Shivamogga.

9. Similarly, C.P.No.105/2022 is allowed and the proceedings in M.C.No.398/2021 pending on the file of - 7 - NC: 2024:KHC:11539 CP No. 105 of 2022 C/W CP No. 326 of 2022 Family Court at Davangere is withdrawn and directed to be made over to the Family Court at Shivamogga. Accordingly, petitions are allowed. Sd/- JUDGE MCR