Partly allowed

Smt.Pushpa H.W. W/O C. Kumar v. C.Kumar S/O Chandrappa

Karnataka HC14 Aug 2020CP/100031/2020

Case brief

AI extract

What is this about?

A civil petition under Section 24 CPC was filed to transfer a matrimonial restitution of conjugal rights case from Davangere to Byadagi. The High Court allowed the petition in part, directing transfer to Ranebennur, citing convenience for the wife.

What did the court decide?

Transfer of M.C. No. 174/2019 from Family Court, Davangere to Family Court, Ranebennur.

Smt.Pushpa H.W. W/O C. Kumar Vs C.Kumar S/O… — Civil Procedure and Limitation | Karnataka HC (2020)

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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

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DATED THIS THE 14^TH DAY OF AUGUST 2020

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BEFORE

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THE HON’BLE MR. JUSTICE M.NAGAPRASANNA

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CIVIL PETIITON NO.100031/2020

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BETWEEN:

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SMT.PUSHPA H.W. W/O C. KUMAR D/O: HANUMANTAPPA WADDAR, AGE:30 YERS, OCC: NIGHT WATCHMEN, AT GOVERNMENT HOSTEL NEARBY GOVERNMETN HOSPITAL ANASAPURA ROAD, BYADGI R/O: GUDDADA MALLESHWAR GUDDA NEAR ADITY SCHOOL, BYADGI TQ: BYADGI, DIST: HAVERI, PIN CODE:581106

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... PETITIONER

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(BY SRI. NAGARAJ J.APPANNANAVAR, ADV.)

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AND

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C.KUMAR S/O CHANDRAPPA AGE:37 YEARS, OCC: PWED CONTRACTOR, R/O: D.NO.126, SHANTAMMA NILAYA CHIKKANAHALLI EXTENSION, NITUVALLI DAVANAGERE, TQ & DIST: DAVANAGERE PIN CODE:5777004

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... RESPONDENT

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(BY SRI.V.S.KALASURMATH, ADV.)

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THIS CIVIL PETITON FILED U/SEC.24 OF CPC, PRAYING TO TRANSFER THE PETITION IN M.C. NO. 174/2019, PENDING ON THE FILE OF TEH COURT OF THE FAMILY COURT, DAVANAGERE TO THE COURT OF SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS COURT, BYADAGI, 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 is filed under Section 24 of CPC to transfer M.C.No174/2019 on the file of the Family Court, Davangere to the Senior Civil Judge and JMFC Court, Byadagi.

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Brief facts leading to the filing of the present petition are as follows:

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The marriage between the petitioner and the respondent was solemnized on 18.09.2012 at Davangere.

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It is pleaded that, after marriage the petitioner and

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respondent lead happy marriage life at Davangere and from their wedlock have two children. After few years of marriage, the respondent-husband and his family members started demanding additional sums of money from the parents of the petitioner-wife, as she did not fulfill the desires of the family members and the respondent, the respondent began to torture the petitioner physically and mentally. The petitioner was thrown out of the matrimonial house due to which she is residing with her parents at Byadgi, Haveri District.

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After the petitioner came out of the matrimonial house, the respondent filed matrimonial case in MC No.174/2019 invoking Section 9 of Hindu Marriage Act for restitution of conjugal rights before the Family Court at Davangere.

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The petitioner has preferred the subject petition seeking transfer of M.C.No.174/2019 Family Court,

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Davangere to Senior Civil Judge and JMFC Court, Byadgi, which is pending consideration.

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The respondent has not filed any statement of

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objections to the present petition.

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I have heard Sri.Nagaraj J.Appannavar, learned counsel for the petitioner and Sri.V.S.Kalasurmath, learned counsel for the respondent.

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Learned counsel for the petitioner, submits that, the petitioner after having come out of the matrimonial house, is presently staying at Byadgi with her parents and has 2 minor children to take care. It is contended that it is difficult to travel even a meager distance of 60 km from Byadgi to Davangere as the parents of the petitioner are aged and not in a position to accompany her into the Court proceedings on every date of its listing and also fears torture from the husband or his family members.

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It is further contended that respondent being

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PWD Contractor has enough resources and would have no problem to travel if the case is transferred to the Family Court at Byadgi and no prejudice will be caused to him.

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After arguing the matter, both the counsels submit that the competent Court at Ranebennur is at equidistance from both the places namely Byadi and Davangere and would be convenient to both the petitionerwife and respondent-husband to attend the Court proceedings. It is submitted by petitioner–wife it is more convenient to travel to Ranebennur from Byadgi.

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It is well settled principle of law as held 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 the Code of Civil Procedure, which is

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also relied upon by the co-ordinate Bench of this Court in the case of ‘ Suhashini Vs. S.B.Mahendra Kumar’ reported in ILR 2015 KAR 2804 . Keeping in view the above said proposition of law and the facts and circumstances, I am of the opinion that if the petition is allowed and the said matrimonial case is transferred, it would meet the ends of justice.

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In the result, the Civil Petition is allowed in part. I direct the transfer of M.C.No.174/2019 pending on the file of the Family Court, Davangere to the Family Court at

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Ranebennur.

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Sd/JUDGE

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Lad

Smt.Pushpa H.W. W/O C. Kumar v. C.Kumar S/O Chandrappa

Case brief

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Smt.Pushpa H.W. W/O C. Kumar v. C.Kumar S/O Chandrappa

Case brief

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