(BY SRI AJAY KUMAR M., ADVOCATE) v. A.S.SARAVANA KARTHIK SHA1 that in the cases of transfer of matrimonial proceedings

(BY SRI AJAY KUMAR M., ADVOCATE) AND:

SRI. KIRAN KITTURAMATH S/O CHANNAVEERAYYA KITTURAMATH AGED ABOUT 34 YEARS R/A MARUTHI NAGAR OPP BASAVESHWARA TEMPLE IJARILAKAMAPUR HAVERI-581110 (BY SRI. M.V.HIREMATH., ADVOCATE) Digitally signed by BHARATHI S Location: HIGH COURT OF KARNATAKA …PETITIONER …RESPONDENT THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CPC, PRAYING TO TRANSFER M.C.No.39/2023 PENDING ON THE FILE OF PRINCIPAL JUDGE, FAMILY CURT AT HAVERI TO FAMILY COURT AT BANGALORE FOR TRIAL AND DISPOSAL, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING: - 2 - NC: 2024:KHC:2271 CP No. 180 of 2023 ORDER The present petition is filed seeking for transfer of MC No.39/2023 pending on the file of Principal Judge, Family Court at Haveri to the Court of Family Court at Bengaluru.

For the sake of convenience, the parties herein are referred as per their relationship.

The relevant facts necessary for consideration of the present petition are that the marriage between the parties was solemnized on 17.11.2014, consequent to which a son was born to the parties from their wedlock. Thereafter, due to various reasons, the parties have been residing separately.

The respondent - husband has filed MC No.39/2023 before the Family Court, Haveri under Section 13(1)(1a) and (1b) of the Hindu Marriage Act, 1955 for a decree of divorce. Seeking transfer of the same, the wife has filed the present petition. - 3 - NC: 2024:KHC:2271 CP No. 180 of 2023

4. Learned counsel for the petitioner submits that the wife is residing along with her parents at the address mentioned in the cause title. That she has no independent source of income and is dependent on her parents for the livelihood of herself and the son of the parties. That although, the Respondent-husband is employed at Bengaluru only to harass the wife, he has field M.C. No.39/2023 at Haveri. Hence, he seeks for allowing the present petition and granting of the reliefs sought for.

Per contra, learned counsel Respondent –husband opposes grant of relief and seeks for dismissal of the petition.

The submissions made by both the learned counsels have been considered and the material on record have been perused. The question that arises consideration is, ‘whether the relief sought for by the petitioner is liable to be granted?’

The relationship between the parties as also the fact that they are living separately as well as the - 4 - NC: 2024:KHC:2271 CP No. 180 of 2023 proceedings initiated by the husband are undisputed. Having regard to the fact that the wife is living along with her mother and she has no independent source of income and is dependent on her mother for the livelihood of herself and the son of the parties, it is clear that the Petitioner will be put to great hardship, if she is require to travel to Haveri for the purpose of contesting the proceedings initiated by the husband.

On the other hand if the Respondent-husband is required to prosecute the proceedings initiated by him at Bengaluru having regard to the fact that he is gainfully employed at Bengaluru, no hardship will be caused to him. Also, in view of the fact that he has an independent source of income and in view of the settled position 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 in the cases of transfer of matrimonial proceedings the convenience of the wife will have to be given precedence 1 AIR ONLINE 2022 SC 1268 - 5 - NC: 2024:KHC:2271 CP No. 180 of 2023 to, it is just and expedient that the relief sought for in the present petition be granted. Hence, the question framed for consideration is answered in the affirmative.