SRI. GIRISH B BALADARE., ADVOCATE) v. (BY SRI. S G RAJENDRA REDDY.,ADVOCATE)

(BY MS. ANUPAMA D.A., ADVOCATE FOR SRI. GIRISH B BALADARE., ADVOCATE) …PETITIONER AND:

BHARATH S S/O LATE SOMACHAR AGED ABOUT 30 YEARS R/O NO.1896/3 4TH MAIN, IST CROSS VINOBHA NAGAR DAVANAGERE-577001 (BY SRI. S G RAJENDRA REDDY.,ADVOCATE) …RESPONDENT THIS CIVIL PETITION IS FILED UNDER SEC.24 OF CPC, PRAYING TO TRANSFER THE M.C. 09/2022 WHICH IS PENDING ON THE FILE OF FAMILY COURT AT DAVANAGERE TO FAMILY COURT AT HASSAN IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING: Digitally signed by BHARATHI S Location: HIGH COURT OF KARNATAKA - 2 - NC: 2024:KHC:4598 CP No. 403 of 2023 ORDER The present petition is filed by the wife seeking for transfer of MC No.09/2022 pending on the file of the Family Court, Davanagere, to the Family Court, Hassan.

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

The relevant facts necessary for consideration of the present petition are that the marriage between the parties was solemnized on 14.3.2019 and from the said wedlock a daughter was born to the parties on 4.7.2021. However, due to various reasons, the parties have been residing separately.

The petitioner - wife has filed Crl. Misc. No.357/2022 under the provisions of the Protection of Women from Domestic Violence Act, 2005 which is pending before the IV Additional Civil and JMFC, Court, Hassan. It is also forthcoming that a suit in OS No.139/2023 instituted against the respondent - husband is pending before the Principal Senior Civil Judge, Hassan, for partition. The husband has filed MC No.09/2022 under Section 9 of the Hindu Marriage Act, 1955, seeking for restitution of conjugal rights, which is pending before the Family Court, - 3 - NC: 2024:KHC:4598 CP No. 403 of 2023 Davanagere. Seeking for transfer of MC No.09/2022 the present petition is filed by the wife.

Learned counsel for the petitioner submits that the wife is staying along with her parents and she has no independent source of income. That the daughter of the parties is also under the care and custody of the wife. That the wife is depending on her parents for the livelihood of herself as well as the daughter of the parties. That the distance between Hassan and Davanagere is about 240 kms. Hence, she seeks for allowing of the present petition and granting of the reliefs as sought for.

Per contra, learned counsel respondent opposes transfer of the proceedings initiated by the husband. He submits that the husband is required to look after his business as well as he has other commitments at Davanagere. That the husband will also be put to great hardship if the proceedings are transferred and hence, seeks for dismissal of the petition.

The submissions of the learned counsel for the parties have been considered and the material on record has - 4 - NC: 2024:KHC:4598 CP No. 403 of 2023 been perused. The question that arises for consideration is, whether the relief sought for in the present petition is to be granted?

It is forthcoming that the relationship between the parties as also the pendency of the legal proceedings are un- disputed. It is also forthcoming that the wife does not have any independent source of income and the care and custody of the daughter of the parties is also with the wife. In view of the same and having regard to the fact that the distance between Hassan and Davanagere is about 240 kms., it is clear that the wife will be put to great hardship if she is required to travel to Davanagere to contest the proceedings initiated by the husband.

On the other hand, although the husband will be put to some hardship if he is required to travel to Hassan for the purpose of prosecuting the proceedings initiated by him, having regard to the fact that he is gainfully employed and has an independent source of income as also the fact that in any event he will be required to travel to Hassan for the purpose of contesting the other proceedings initiated by the wife and - 5 - NC: 2024:KHC:4598 CP No. 403 of 2023 having regard to 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 the 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.