Under Section 24 of CPC, this single-judge High Court Bench transferred a supplemental civil suit (maintenance) from Senior Civil Judge KGF to Senior Civil Judge Bagalkot due to the petitioner-wife residence and travel difficulty.
Transfer of M.C. No.102/2016 from Senior Civil Judge KGF to Senior Civil Judge Bagalkot.
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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH
DATED THIS THE 16TH DAY OF NOVEMBER 2018
BEFORE
THE HON’BLE MR.JUSTICE B.A.PATIL
C.P. NO.100011/2017
BETWEEN
SMT. KRUPA MANJUSHA W/O KAMAL K AGE: 25 YEARS, OCC: HOUSEHOLD WORK, C/O: BASAPPA S/O DURGAPPA ADAPUR, R/O: NO.A/7 BEHIND GOVERNMENT SCHOOL, NO.4, HOUSING COLONY, BAGALKOT
... PETITIONER
(BY SRI. P N HOSAMANE, ADV.)
AND
KAMAL K KOYAN S/O KOYAN A AGE: 35 YEARS, OCC: SERVICE (ENGINEER) R/O: KOLAR GOLD FIELD, VIVEK NILAY CROSS, PIPELINE ROAD, ROBERT SONPET, KGF, DIST: KOLAR
... RESPONDENT
(BY SRI. N L BATAKURKI, ADV.)
THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CPC PRAYING TO TRANSFER M.C. NO.102/2016 PENDING ON THE FILE OF SENIOR CIVIL JUDGE KGF TO THE COURT OF SENIOR CIVIL JUDGE, BAGALKOT, IN THE INTEREST OF JUSTICE AND EQUITY.
THIS CIVIL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
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ORDER
Present petition has been filed by the petitioner – wife under Section 24 of CPC praying this Court to transfer M.C. No.102/2016 pending on the file of the Senior Civil Judge KGF to Senior Civil Judge, Bagalkot.
the petitioner that the marriage of the petitioner was performed with the respondent on 01.09.2013. Thereafter, the respondent started making false allegations and also started quarrelling with her for demand of dowry. Because of the ill-treatment and harassment, the petitioner is now residing along with her parents at Bagalakote. It is further submitted that financial condition of the petitioner is not good and her health is not permitting and she has to incur expenses
for her medicine. It is further submitted that the respondent has not made any arrangement to pay the
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maintenance to the petitioner. It is further submitted that a criminal case has been also registered under the Domestic Violence Act and said case is also pending before the Bagalakote Court. No inconvenience is going to be caused to the respondent – husband to attend the Court at Bagalakote. The distance between Bagalakote to KGF is more than 800 kms. and there is no one to accompany her and it is very difficult for her to attend the Court at KGF. On these grounds, he prayed to allow the petition.
respondent vehemently argued and submitted that the present petition is filed only with an intention to harass the respondent – husband. It is further submitted that he also filed criminal case under the Domestic Violence Act and said case which is filed are also given different dates only with an intention to harass respondent. It is further submitted that she is having sufficient income and there is no question of the respondent – husband
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giving any maintenance. He further submits that it is very difficult for him to come from KGF and attend the Court at Bagalakote. On these grounds, he prayed to dismiss the petition.
counsel for the petitioner that the petitioner has been thrown out of the house and she has filed a criminal case against the respondent and she is having no source of income and the respondent has also not paid any maintenance. It is very difficult for her to attend the Court at KGF which is at a distance of 800 kms. It
appears that there is some force in the argument advanced by the learned counsel for the petitioner. It is well established principles of law that the convenience of the petitioner – wife and her residence has to be
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taken into consideration while dealing with the transfer petition filed under Section 24 of CPC. This preposition has been laid down in the case of Suhashini vs. S.B.Mahendra Kumar reported in ILR 2015 KAR 2804 .
Hence, the petition is allowed. M.C. No.102/2016 pending on the file of the Senior Civil Judge, KGF is hereby withdrawn and the same is made over to the Senior Civil Judge, Bagalakote to dispose of the case in accordance with law.
Both the parties are directed to appear before the Senior Civil Judge at Bagalakote without further notice on 17.12.2018.
Rsh
Sd/JUDGE
2 issues framed by the court
Whether under Section 24 of CPC the civil court should transfer a matrimonial maintenance case to the residence of the wife-petitioner for reasons of convenience and justice.
Whether the petitioner's inability to travel 800 kms to the court of the Senior Civil Judge KGF warrants transfer to the court at Bagalkot.
Colour shows how this judgement treated each authority
Suhashini vs. S.B. Mahendra KumarReferred¶34
ILR 2015 KAR 2804 · Who else cites this
1 provisions across 1 enactments
Smt. Krupa Manjusa W/o Kamal K
Kamal K Koyan S/o Koyan A
B.A. Patil
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
