SMT JEEVITHA K v. SRI MAHESH R

ORDER

1. This petition under Section 24 of CPC is filed by the petitioner-wife seeking for transfer of M.C.No.435/2023 pending on the file of III Addl. Principal Judge, Family Court, Bengaluru to the Senior Civil Judge, Bangarpet, Kolar.

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

29.08.2022 at SN Convention Hall, Kolar Main Road, Bangarpet-563114 as per Hindu rites and customs. After the marriage, the petitioner was residing with her husband at her matrimonial house. As matrimonial disputes arose between the parties, the petitioner started living separately with her parents. Thereafter, the petitioner-wife filed CMC No.41/2023 before the Prl.Civil Judge and JMFC, Bangarpet seeking maintenance and in the said case, the respondent has appeared and prosecuting the case. The - 3 - NC: 2024:KHC:26879 CP No. 223 of 2023 respondent-husband filed a petition under Section 12(1)(c) of the Hindu Marriage Act in M.C.No.435/2023 before the III Addl. Principal Judge, Family Court, Bengaluru. The case of the petitioner is that since the petitioner is residing at Bangarpet, it would cause great inconvenience and hardship for her to travel a distance of 80 kms to Bengaluru to prosecute the case. Hence, she filed the present petition seeking for transfer of case.

3. The learned counsel for the petitioner-wife contended that after the matrimonial dispute, the petitioner started living separately with her parents and she has to take care of her aged parents. The petitioner has no other family members or relatives to accompany or assist her in traveling to Bengaluru, which is at a distance of 80 Kms, to prosecute the case. Therefore, if the petition is not transferred, it would cause great inconvenience and hardship to the petitioner-wife. Hence, the learned counsel sought for allowing the petition. - 4 - NC: 2024:KHC:26879 CP No. 223 of 2023

4. Respondent is served and unrepresented.

5. Heard the learned counsel for the petitioner. 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 on 29.08.2022 at SN Convention Hall, Kolar Main Road, Bangarpet-563114 as per Hindu rites and customs. After the marriage, the petitioner was residing with her husband at her matrimonial house. As matrimonial disputes arose between the parties, the petitioner started living separately with her parents. Thereafter, the petitioner-wife filed CMC No.41/2023 before the Prl. Civil Judge and JMFC, Bangarpet seeking maintenance and in the said case, the respondent has appeared and prosecuting the case. The respondent- husband filed a petition under Section 12(1)(c) of the Hindu Marriage Act in M.C.No.435/2023 before the III Addl. Principal Judge, Family Court, Bengaluru. Since the - 5 - NC: 2024:KHC:26879 CP No. 223 of 2023 petitioner is residing at Bangarpet and has to take care of her aged parents and as she has no other relatives or family members to accompany or assist her, it would be difficult for her to travel a distance of 80 Kms to Bengaluru to prosecute the case.

7. This Court in the case Smt.M.V.Rekha v. Sri Sathya @ Suraj - ILR 2010 KAR 5407 at 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 - 6 - NC: 2024:KHC:26879 CP No. 223 of 2023 life. Generally, it is the wife's convenience which must be looked at while considering transfer. Further, when two 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 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 convenience of the wife is an aspect that is to be taken note of while considering the transfer petitions, petition deserves to be allowed. Accordingly, the following order is passed: NC: 2024:KHC:26879 CP No. 223 of 2023 - 7 - ORDER a) The petition is allowed. b) The case in M.C.No.435/2023 pending on the file of III Addl. Principal Judge, Family Court, Bengaluru is hereby withdrawn and transferred to the Senior Civil Judge, Bangarpet, Kolar. c) The transferor Court is hereby directed to transmit the entire records to the transferee court. d) 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 DM List No.: 1 Sl No.: 10