The Court allowed a petition for transfer of matrimonial proceedings from the Civil Court at Bailhongal to the Family Court at Belagavi under Section 24 of the CPC, prioritizing the wife's convenience and safety.
M.C. No. 67/2015 was withdrawn from Senior Civil Judge Bailhongal and made over to Family Court Belagavi to be disposed of.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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
CIVIL PETITION No.100102 OF 2016
BETWEEN
MAHADEVI W/O BASAYYA PUJARI AGE:45 YEARS, OCC. HOUSEHOLD WORK R/O RAMEHWAR (NAGAR) GALLI, PANTH BALEKUNDRI, BELAGAVI, TQ AND DIST. BELAGAVI.
... PETITIONER
(BY SRI. SANTOSH B RAWOOT, ADVOCATE)
AND
BASAYYA NAGAYYA PUJARI, AGE:51 YEARS, OCC. EX-MILITARY SERVICE, R/O BAILHONGAL, TQ. BAILHONGAL, DISTRICT. BELAGAVI, NOW RESIDING AT VEER RANI KITTUR CHANNAMMA, 2ND CROSS ROAD, NAGANUR CHAWL, TQ. BAILHONGAL, DISTRICT. BELAGAVI.
... RESPONDENT
(BY SRI. V. S. KALASURMATH, ADVOCATE FOR SRI. ANIL KALE, ADVOCATE FOR RESPONDENT)
THIS CIVIL PETITON IS FILED UNDER SECTION 24 OF CPC., PRAYING TO TRANSFER THE M.C.NO.67/2015 PENDING ON THE FILE OF THE SENIOR CIVIL JUDGE BAILHONGAL TO THE FAMILY COURT, BELAGAVI, IN THE INTEREST OF JUSTICE AND EQUITY.
: 2 :
THIS CIVIL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The present petition has been filed by the petitionerwife under Section 24 of CPC, praying this Court to transfer M.C.No.67/2015, pending on the file of the Senior Civil Judge Bailhongal to the Family Court, Belagavi.
for the parties.
: 3 :
residing with her old-age mother. It is not possible for her to attend the Court on all dates of hearing at Bailhongal without any companion. It is further submitted that she is also having life threat from the respondent-husband to attend the Court at Bailhongal. On these grounds, prayed for allowing the petition.
the submissions made by the learned counsels appearing for the parties and also gone through the records.
: 4 :
husband has filed M.C.No.67/2015 seeking restitution of conjugal rights. It is the contention of the petitioner that she is now residing along with her parents at Belagavi and it is not possible for her to attend the Court on all dates of hearing at Bailhongal and there is a threat to her life and she is also not financially sound to attend the Court at Bailhongal. Though it is the contention of the learned counsel for the respondent-husband that the distance is not more, but it is the settled principles of law that the convenience of the wife has to be looked into while considering the application filed under Section 24 of CPC. This principle of law has been laid down by the Hon’ble Supreme Court in the case of Sumita Singh Vs. Kumar Sanjay and Another reported in AIR 2002 SC 396 , that the convenience of the wife has to be looked into at the time of considering the transfer application filed under Section 24 of CPC, which is also relied upon by the coordinate Bench of this Court in the case of Suhashini vs. S.B.Mahendra Kumar reported in ILR 2015 KAR 2804 .
: 5 :
circumstances of the case, petition is allowed and accordingly, M.C.No.67/2015 pending on the file of the Senior Civil Judge, Bailhongal is hereby withdrawn and made over to the Family Court at Belagavi to dispose of the same in accordance with law.
Sd/JUDGE
yan
2 issues framed by the court
Whether a petition for transfer of matrimonial proceedings from a Civil Court to a Family Court can be allowed under Section 24 of the CPC.
Whether the convenience and safety of the wife are determinative factors for granting transfer under Section 24 of the CPC.
Colour shows how this judgement treated each authority
Sumita Singh vs. Kumar Sanjay and AnotherRelied on¶27
AIR 2002 SC 396 · Who else cites this
Suhashini vs. S.B. Mahendra KumarRelied on¶27
ILR 2015 KAR 2804 · Who else cites this
1 provisions across 1 enactments
Mahadevi W/O Basayya Pujari
Basayya Nagayya Pujari
B.A. Patil
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
