MRS SHAFIA M GURIKAR v. MR AKBAR

Digitally signed by BHARATHI S Location: HIGH COURT OF KARNATAKA AND:

1. MR AKBAR AGED ABOUT 33 YEARS, S/O MR IBRAHIMSAB THALIKOTI, PRESENTLY AT KODEKAL, HALIVASTHI, KALAGI, MUDDEBIHAL TALUK AND ALSO WORKING AT GOVERNMENT HIGH SCHOOL, BALLABATTI VILLAGE, MUDDEBIHAL TLAUK, VIJAYAPURA DISTRICT (BY SRI.M.D. HUDED., ADVOCATE) …RESPONDENT THIS CIVIL PETITION IS FILED UNDER SEC.24(5) OF CPC, PRAYING TO ALLOW THIS CIVIL PETITION AND PASS NECESSARY ORDERS TO TRANSFER O.S.NO. 5/2019 FROM THE FILE OF SENIOR CIVIL JUDGE AND JMFC AT MUDDEBIHAL, VIJAYAPURA DISTRICT TO - 2 - NC: 2024:KHC:6344 CP No. 43 of 2022 THE FAMILY COURT AT BENGALURU CITY, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING: ORDER The present petition is filed by the wife seeking for transfer of OS No.5/2019 pending on the file of Senior Civil Judge and JMFC, Muddebihal, to the Court of the Principal Judge, Family Court, Bengaluru.

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

3. The relevant facts necessary for consideration of the present petition are that the marriage between the parties was solemnized on 25.4.2012 and from the said wedlock a daughter was born to the parties in the year 2014. However, due to various reasons, the parties have been residing separately.

4. The petitioner wife has filed Crl.Misc.No.194/2018 under the provisions of the Protection of Women from Domestic Violence Act, 2005 which is pending before the VI MMTC, Bengaluru. The wife has also filed Crl.Misc.No.913/2022 under - 3 - NC: 2024:KHC:6344 CP No. 43 of 2022 Section 125 of the Code of Criminal Procedure, 1973 for maintenance. The respondent - husband has filed OS No.5/2019 under Order VII Rule 1 and 2 of the Code of Civil Procedure, 1908 seeking injunction to direct the wife to come along with the daughter to lead matrimonial life, which is pending before the Senior Civil Judge and JMFC, Muddebihal. Seeking for transfer of OS No.5/2019, the present petition is filed by the wife.

5. Learned counsel for the petitioner submits that the wife is staying along with her parents and she does not have any independent source of income and that she is depending on her parents for the livelihood of herself and the daughter of the parties. That the distance between the place of residence of the wife and Muddebihal is 470 kms. Hence, he seeks for allowing of the present petition and granting of the reliefs sought for.

6. Per contra, learned counsel respondent opposes the grant of relief sought in the petition and seeks for dismissal of the same. - 4 - NC: 2024:KHC:6344 CP No. 43 of 2022

7. The submissions of the learned counsel for the parties 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 required to be granted?

8. The relationship between the parties is undisputed as also the fact that a daughter was born to the parties. The legal proceedings between the parties is also a matter of record.

9. Having regard to the fact that the wife as well as the daughter of the parties are residing along with the parents of the wife and that they are depending on the parents for their livelihood as also having regard to the fact that the distance between the place of residence of the wife and Muddebihal is 470 kms., it is clear that the wife will be put to great hardship if she is required to travel to Muddebihal to contest the proceedings initiated by the husband.

10. On the other hand, having regard to the fact that the husband is stated to be employed at a Government High School and has an independent source of income and having - 5 - NC: 2024:KHC:6344 CP No. 43 of 2022 regard to the fact that in any event the husband is required to travel to Bengaluru to contest the proceedings initiated by the wife and 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 for 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: ORDER i. The above petition is allowed; ii. OS No.5/2019 pending on the file of Senior Civil Judge and JMFC, Muddebihal, shall stand transferred to the Court of the Principal Judge, Family Court, Bengaluru. It shall be open to the Principal Judge, Family Court, Bengaluru, to assign transferred case to an appropriate Court; 1 AIR ONLINE 2022 SC 1268 - 6 - NC: 2024:KHC:6344 CP No. 43 of 2022 iii. Both the parties shall appear before the Principal Judge, Family Court, Bengaluru on 18.03.2024 without the requirement of any further notice being issued in this regard; iv. Consequent to transfer, the transferee Court shall conduct further proceedings in accordance with law; v. If a request is made by any of the parties to participate in the transferred proceedings through video conferencing, the same shall be considered appropriately by the transferee Court in accordance with law; vi. All contentions of the parties are left open. SD/- JUDGE ND List No.: 1 Sl No.: 27