Allowed

Smt. Venkatamala @ Nirmala v. Maruti S/O Siddappa Channadasar

Karnataka HC23 Nov 2018CP/100085/2017

Case brief

AI extract

What is this about?

The Karnataka High Court allowed a petition for transfer of a matrimonial proceeding to a junior civil judge court at Gangavathi from Hunagund, citing the wife's health, lack of income, and the excessive distance making travel difficult for her.

What did the court decide?

M.C.No.41/2016 withdrawn from Senior Civil Judge, Hunagund and transferred to Senior Civil Judge, Gangavathi; parties directed to appear on 17.12.2018.

Smt. Venkatamala @ Nirmala Vs Maruti S/O Siddappa… — Matrimonial and Divorce | Karnataka HC (2018)

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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

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DATED THIS THE 23^RD DAY OF NOVEMBER 2018

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BEFORE

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THE HON’BLE MR. JUSTICE B.A. PATIL

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CIVIL PETITION NO.100085/2017

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BETWEEN:

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SMT. VENKATAMALA @ NIRMALA W/O. MARUTI CHANNADASAR, AGE: 25 YEARS, OCC: HOUSEWIFE, R/O: MURNALHALLI, DEVAGAD BADAVANE, TQ: GANGAVATHI, DIST: KOPPAL.

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... PETITIONER

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(BY SHRI. A P MURARI, ADVOCATE)

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AND:

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MARUTI, S/O. SIDDAPPA CHANNADASAR AGE: 30 YEARS, OCC: PRIVATE SERVICE, R/O: BELAGALL VILLAGE, TQ: HUNAGUND, DIST: BAGALKOTE.

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... RESPONDENT

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(BY SHRI. V G BHAT, ADVOCATE)

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THIS CIVIL PETITION IS FILED U/SEC.24 OF CPC, PRAYING TO TRANSFER OF M.C.NO.41/2016 FROM THE FILE OF HON'BLE COURT OF THE SENIOR CIVIL JUDGE, HUNAGUND, DISTRICT:BAGALKOT TO THE FILE OF THE HON'BLE COURT OF THE SENIOR CIVIL JUDGE, GANGAVATI, DISTRICT:KOPPAL, FOR TRIAL IN ACCORDANCE WITH LAW, IN THE INTEREST OF JUSTICE AND EQUITY.

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THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The present petition has been filed by the petitionerwife under Section 24 of the Code of Civil Procedure praying this Court to transfer M.C.No.41/2016 pending on the file of the Senior Civil Judge, Hunagund to the Senior Civil Judge, Gangavathi.

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I have heard the learned counsel appearing for

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the parties.

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It is not in dispute that the present petitioner is the wife of the respondent. It is submitted that, after the marriage the respondent along with his parents started ill-treating and harassing the petitioner demanding dowry and they also got terminated petitioner’s pregnancy illegally and thrown her out of his house and now she is residing along with her parents. It is further submitted that the petitioner has filed Crl.Misc.No.274/2016 seeking maintenance from the respondent, in the Court of the Addl. Civil Judge and JMFC at Gangavathi. The respondent has filed M.C.No.41/2016 for restitution of

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conjugal rights or alternatively for dissolution of marriage. It is further contended that the petitioner is not having any income for her own subsistence. She is entirely dependent on her parents for her livelihood. Her parents are also doing some menial job and they are also not having any sufficient income. It is further contended that the distance between Hunagund to Gangavathi is more than 200 kms and it is very difficult for her to meet out the expenses of traveling such a distance, as she has become very weak after termination of pregnancy. On these grounds he prayed to allow the petition.

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Per contra, learned counsel for the respondent vehemently argued and submitted that the petitioner has made false allegations against the respondent-husband and she has filed the Criminal Miscellaneour case only to harass the respondent. Without considering the allegations, if the case is made over to the Court of Senior Civil Judge, Gangavathi, he will not have any objections.

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I have carefully and cautiously gone through the submissions made by the learned counsel appearing for the parties and perused the records.

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It is not in dispute that the petitioner and respondent are husband and wife. It is also not in dispute that the respondent has filed M.C.No.41/2016 for restitution of conjugal rights or alternatively for dissolution of marriage. The distance between Gangavathi to Hunagund is more than 200 kms and it is the specific contention of the petitioner that she is not having any source of income and she is dependent on her parents and now she has become very weak from termination of pregnancy and it very difficult for her to travel a distance of 200 kms to attend the Court proceedings.

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It is well established principal of law that the convenience of the wife has to be looked into while considering the application for transfer of the matrimonial case. This preposition of law has been laid down by the Hon’ble Supreme Court in the case of Sumita Singh Vs.

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Kumar Sanjay and Another reported in AIR 2002 SC 396.

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Keeping in view the above said facts and circumstances, I feel that transfer of M.C.No.41/2016 to the Senior Civil Judge, Gangavathi, would meet the ends of justice. Hence I pass the following:

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ORDER

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The petition is allowed.

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M.C.No.41/2016 pending on the file of the Senior Civil Judge, Hunagund is withdrawn and the same is transferred to the Senior Civil Judge, Gangavathi for disposal in accordance with law.

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Both the parties are directed to appear before the Senior Civil Judge, Gangavathi on 17.12.2018, without further notice.

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Sd/JUDGE

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gab

Smt. Venkatamala @ Nirmala v. Maruti S/O Siddappa Channadasar

Case brief

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Smt. Venkatamala @ Nirmala v. Maruti S/O Siddappa Channadasar

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