MRS KAVYA B M v. Location: HIGH

(BY SRI. RAVI SHANKAR K.,ADVOCATE) …RESPONDENT THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CPC 1908, PRAYING TO TRANSFER THE PETITION FILED BY THE RESPONDENT IN M.C.No.905/2021, PENDING ON THE FILE OF THE - 2 - NC: 2024:KHC:2626 CP No. 459 of 2022 2ND ADDITIONAL PRINCIPAL JUDGE FAMILY COURT AT MYSURU TO THE PRINCIPAL FAMILY COURT AT BENGALURU, 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 MC No.905/2021 pending on the file of the II Additional Principal Judge, Family Court, Mysuru, 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 29.5.2020 and from the said wedlock a daughter was born to the parties on 25.2.2021. Due to various reasons, the parties have been residing separately since the birth of their daughter.

4. The petitioner wife has filed Crl.Misc.No.3/2023 under the provisions of the Protection of Women from Domestic Violence Act, 2005 which is pending before the IV MMTC, Bengaluru. The respondent - husband has filed MC - 3 - NC: 2024:KHC:2626 CP No. 459 of 2022 No.905/2021 under Section 13(1)(i)(ia) of the Hindu Marriage Act, 1955, which is pending before the II Additional Principal Judge, Family Court, Mysuru. Seeking for transfer of MC No.905/2021 the present petition is filed by the wife.

5. Learned counsel for the petitioner submits that the wife is staying along with her parents at the address mentioned in the cause title and she is depending on her parents for the livelihood of herself and the daughter born to the parties. That, great hardship will be caused to the wife if she is required to travel to Mysuru for the purpose of contesting the proceedings initiated by the husband in view of the fact that she has to travel alone to Mysuru and the child born to the parties is currently aged 2 ½ years. Hence, he seeks for allowing of the present petition and granting of the reliefs as sought for.

6. Per contra, learned counsel respondent opposes the grant of relief sought in the petition and seeks for dismissal of the same.

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, - 4 - NC: 2024:KHC:2626 CP No. 459 of 2022 whether the relief sought for in the present petition is required to be granted?

8. The relationship between the parties as also the pendency of the legal proceedings are a matter of record. In view of the contention of the petitioner that she is solely depending on her parents for the livelihood of herself and her daughter and in view of the fact that she will be required to travel alone to Mysuru for the purpose of contesting the proceedings initiated by the husband, it is clear that the wife will be put to great hardship if she is required to travel to Mysuru to contest the proceedings initiated by the husband.

9. On the other hand, although some hardship will be caused to the husband if he is required to travel to Bengaluru for the purpose of prosecuting the proceedings initiated by him, having regard to the fact that he will in any event be required to travel to Bengaluru for the purpose of contesting the other proceedings initiated by the wife and having regard to the fact that the husband is gainfully employed and having an independent source of income, as also having regard to the settled proposition of law as held by the Hon’ble Supreme Court - 5 - NC: 2024:KHC:2626 CP No. 459 of 2022 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 affirmative.

10. In view of the aforementioned, the following order is passed: ORDER i. The above petition is allowed; ii. MC No.905/2021 pending on the file of the II Additional Principal Judge, Family Court, Mysuru, 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 the transferred case to an appropriate Court; iii. Both the parties shall appear before the Principal Judge, Family Court, Bengaluru on 19.02.2024 without 1 AIR ONLINE 2022 SC 1268 - 6 - NC: 2024:KHC:2626 CP No. 459 of 2022 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 List No.: 1 Sl No.: 22