SMT JYOTHI G B v. SRI N SHASHIKUMAR

ORDER This petition under Section 24 of CPC is filed by the petitioner-wife seeking for transfer of M.C.No.68/2022 filed by the respondent-husband pending on the file of Senior Civil Judge and JMFC, Bagepalli, sitting at Chikkaballapur to the file of the Principal Judge, Family Court, Bengaluru.

2. The petitioner is the legally wedded wife of the respondent and their marriage was solemnized on

18.08.2019 at Manjunatheshwara Samudaya Bhavana, Peresandra, Chikkaballapur District, as per Hindu rites and customs. After marriage the petitioner was living in her matrimonial house. Out of their wedlock, a son was born. After some time, as matrimonial disputes arose between the parties, the petitioner started living separately with her parents in Chikkamaranahalli, Devasandra, Bangalore North. Thereafter, the petitioner–wife filed Criminal Misc. Petition No.824/2022 before the Principal Judge, Family Court, Bengaluru under Section 125 of the Criminal - 3 - NC: 2024:KHC:19156 CP No. 203 of 2023 Procedure Code for maintenance and the respondent- husband filed a divorce petition in M.C.No.68/2022 under Section 13(1)(ia) and (ib) of the Hindu Marriage Act before the Senior Civil Judge and JMFC, Bagepalli sitting at Chikkaballapur. Since the petitioner is residing with her parents at Bengaluru, she filed this petition for transfer of M.C.No.68/2022 filed by the respondent-husband to the file of VI Additional Judge, Family Court, Bengaluru.

3. The learned counsel the petitioner-wife contended that after the matrimonial dispute, petitioner is residing with her parents in Bengaluru. She filed a Criminal Misc. No.824/2022 before the Principal Judge, Family Court, Bengaluru under the Criminal Procedure Code against the respondent-husband. The respondent-husband a divorce petition M.C.No.68/2022 on the file of the Senior Civil Judge & JMFC, Bagepalli, sitting at Chikkaballapur. Bagepalli is about 120 kms. from Bengaluru and it is difficult for her to travel from Bengaluru to Bagepalli to attend the case and - 4 - NC: 2024:KHC:19156 CP No. 203 of 2023 it causes more inconvenience to the petitioner. Hence, the learned counsel sought to allow the petition.

4. The learned counsel appearing for the respondent contended that he is residing with his old age parents, his father is undergoing dialysis and his four years old son is staying with him. Therefore, is difficult for the respondent-husband to travel from Chikkaballapur to Bengaluru. Hence, he sought for dismissal of the petition.

5. Heard the learned counsel for the parties. Perused the petition papers.

6. It is not in dispute that the petitioner is the legally wedded wife of the respondent and their marriage was solemnized

18.08.2019 at Manjunatheshwara Samudaya Bhavana, Peresandra, Chikkaballapur district, as per Hindu customs. After the marriage, the petitioner was living in her matrimonial house. Out of wedlock, a son was born. After some time, since there was a difference of opinion between the parties, the petitioner started living separately with her parents in Bengaluru. Thereafter, she filed Crl.Misc.No.824/2022 under Section - 5 - NC: 2024:KHC:19156 CP No. 203 of 2023 125 of the Criminal Procedure Code and the respondent- husband filed M.C.No.68/2022 before the Senior Civil Judge and JMFC, Bagepalli, sitting at Chikkaballapur for divorce. Since the distance between Bengaluru and Bagepalli is about 120 kms., it is difficult for the petitioner to travel to Bagepalli to prosecute the case. She is residing with her parents and there are no persons to accompany her to attend her case at Bagepalli.

7. This Court in the case Smt.M.V.Rekha v. Sri Sathya @ Suraj - ILR 2010 KAR 5407 at Paragraph No.15 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 - 6 - NC: 2024:KHC:19156 CP No. 203 of 2023 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 that must be looked at while considering transfer. Further, when two proceedings in different Courts which raise common questions of fact law and when the decisions are interdependent, it is desirable that they should be tried together by the same Judge to avoid multiplicity in trial of the same issues and conflict of decisions (See Smt.NandaKishori v. S.B.Shiua Prakash AIR 1993 Kar 87, Sumita Singh v. Kumar Sanjay Anr. 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)

8. Therefore, taking note of the inconvenience as made out by the petitioner and the law laid down in the case of Smt.M.V.Rekha (supra), which provides that the convenience of the wife is an aspect that is to be taken note of while considering the transfer petitions, petition - 7 - NC: 2024:KHC:19156 CP No. 203 of 2023 deserves to be allowed. Accordingly, the following order is passed: i) The petition is allowed. ii) The case in M.C.No.68/2022 on the file of Senior Civil Judge and JMFC, Bagepalli sitting at Chikkaballapur is hereby withdrawn and transferred to the file of VI Additional Judge, Family Court, Bengaluru. iii) The transferor Court is hereby directed to transmit the entire records to the transferee court. iv) The transferee court, after hearing the parties is directed to dispose of the said case, as expeditiously as possible and in accordance with law. Sd/- JUDGE CM List No.: 1 Sl No.: 13