Allowed

Smt. Veena W/O Suguresh Jigalur v. Shri. Suguresh S/O Sanganbasappa Jigalur

Karnataka HC5 Dec 2022CP/100061/2022

Case brief

AI extract

What is this about?

A wife filed a transfer petition to move a restitution of conjugal rights case from Bagalkot to Ramdurg due to distance and financial constraints. The court allowed the petition, observing that convenience of the wife is a relevant factor in matrimonial transfers, and directed the case to the appropriate senior civil court.

What did the court decide?

Directed to transfer M.C.No.20/2022 pending in Family Court, Bagalkot to Senior Civil Judge, Ramdurg. Respondent at liberty to appear via video conferencing.

Smt. Veena W/O Suguresh Jigalur Vs Shri. Suguresh… — Matrimonial and Divorce | Karnataka HC (2022)

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 05^TH DAY OF DECEMBER, 2022

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BEFORE

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THE HON'BLE MS. JUSTICE JYOTI MULIMANI

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CIVIL PETITION NO.100061 OF 2022

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BETWEEN:

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SMT. VEENA W/O SUGURESH JIGALUR AGE: 32 YEARS, OCC: HOUSEHOLD WORK, R/O: RAMDURG, TALUK: RAMDURG, DISTRICT: BELAGAVI-591126. …PETITIONER

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(BY SMT.SANGEETHA F.KALLIMANI., ADVOCATE FOR SRI.H.M.DHARIGOND., ADVOCATE)

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AND:

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SHRI. SUGURESH S/O SANGANBASAPPA JIGALUR AGE: 33 YEARS, OCC: PRIVATE SERVICE, R/O: HALLUR, TALUK: BAGALKOT, DISTRICT: BAGALKOTE-587102. …RESPONDENT

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(RESPONDENT SERVED AND UNREPRESENTED)

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THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF THE CODE OF CIVIL PROCEDURE TO TRANSFER THE PETITION FILED BY THE RESPONDENT BEARING M.C.NO. 20/2022 PENDNG OF THE FILE OF THE FAMILY COURT BAGALKOTE TO THE SENIOR CIVIL JUDGE RAMDURG.

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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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Smt.Sangeetha F.Kallimani., learned counsel on behalf of Sri.H.M.Dharigond., for petitioner has appeared in person.

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The petition is posted for admission after issuance of notice to respondent. The respondent is served and unrepresented.

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The facts are quite simple and are stated as under:

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It is stated that the petitioner and respondent are husband

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and wife and their marriage was solemnized in the year 2019 at Basaveshwar Temple, Hallur according to Hindu Customs usages and traditions. They lived blissfully for some time. Due to difference in opinions and misunderstandings, the respondent was constrained to file a petition seeking restitution of conjugal rights before the Family Court, Bagalkot in M.C.No.20/2022.

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Aggrieved by the institution of the petition, the petitioner wife has filed this petition under Section 24 of the Code of Civil Procedure, 1908 seeking transfer of case in M.C.No.20/2022

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from the Family Court, Bagalkot to the Court of Senior Civil Judge, Ramdurg.

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Smt.Sangeetha F.Kallimani., learned counsel for petitioner submits that the petitioner is residing in Ramdurg, District: Belagavi and her husband has filed the petition for restitution of conjugal rights before the Family Court, Bagalkot.

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Next, she submitted that the petitioner is not able to go to Belagavi, to attend the case which is almost 80 kilometers from her place of residence.

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A further submission is made that it would be very difficult and inconvenient for the petitioner to go to Bagalkot as and when the case is posted as the respondent has refused to maintain her and she is not able to meet the travelling expenses.

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It is also submitted that with a great difficulty she is maintaining herself.

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Learned counsel vehemently contended that petitioner is a helpless lady and she is not in a position to travel to Bagalkot and contest the case.

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Lastly, she submitted that the grounds urged for transfer may be taken into consideration and the case may be transferred from the Family Court, Bagalkot to the Court of Senior Civil Judge, Ramdurg.

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Heard the contentions urged on behalf of the petitioner and perused the petition paper with care.

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The short question which would arise for consideration is whether the case in M.C.No.20/2022 pending on the file of Family Court, Bagalkot be transferred to the Court of Senior Civil Judge, Ramdurg?

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It is not in dispute that petitioner and respondent are husband and wife. Their marriage was solemnized in the year 2019 at Basaveshwar Temple, Hallur according to Hindu Customs usages and traditions. They lived blissfully for some time. Due to

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difference in opinions and misunderstandings, petitioner was constrained to live apart from her husband - respondent.

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Due to conflicts and misunderstandings, parties have chosen to litigate the issues before the Court of Law. The respondent has filed a petition in M.C.No.20/2022 wherein he has sought the aid of the Court seeking restitution of conjugal rights. He has chosen the Forum of Family Court, Bagalkot. But, the wife - petitioner has sought for transfer of the case.

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The question being whether there is some other Forum which is appropriate for the trial of the action. According to petitioner, the Court at Ramdurg is the appropriate Forum to litigate the dispute. The grounds taken by wife in the transfer petition are;

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Travel is unsafe being a lady,

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Expenses required for travel,

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Inconvenience to travel,

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Hence, this petition under Section 24 of CPC.

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In this regard, it would be relevant to refer to Section 24 of

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the Code of Civil Procedure, 1908.

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"24 GENERAL POWER OF TRANSFER AND WITHDRAWAL (1) On the application of any of the parties and after notice to the parties and after hearing such of them as desired to be heard, or of its own motion without such notice, the High Court or the District Court may at any stage, -

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(a) transfer any suit, appeal or other proceeding pending before it for trial or disposal to any Court subordinate to it and competent to try or dispose of the same; or

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(b) withdraw any suit, appeal or other proceeding pending in any Court subordinate to it; and

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(i) try or dispose of the same; or

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(ii) transfer the same for trial or disposal to any Court subordinate to it and competent to try or dispose of the same; or

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(iii) retransfer the same for trial or disposal to the Court from which it was withdrawn."

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The Section confers a general power to transfer, withdraw

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and transfer suits, appeals or other proceedings at any stage on the application of party. The purpose of Section 24 of CPC is

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merely to confer discretionary power. A Court acting under Section 24 of CPC may or may not in its judicial discretion transfer a particular case.

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It would be relevant to note that the basic principle governing the granting of a petition under Section 24 of CPC is that the petition is not to be dealt with in a light hearted manner and transfer of a case from one Court to another should not be granted readily for any fancied notion of the petitioning litigant because of the reason that such transfer of a case from one Judge to another in effect casts a doubt on the integrity, competence, and reputation of the concerned Judge. Unless and until a sufficiently cogent ground is disclosed, transfer should not be allowed as a matter of course.

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For the purpose of such transfer, balance of convenience of the parties should be considered. It is well established that whenever Courts are called upon to consider the plea of transfer in matrimonial matters, the convenience of the wife is relevant consideration.

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In the present case, it is not in dispute that the petitioner is residing in Ramdurg, District: Belagavi. It is relevant to note that the petitioner has also pleaded that she is not able to meet the expenses of traveling to attend the case at Bagalkot.

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As already noted above, whenever Courts are called upon to consider the plea of transfer in matrimonial matter, the Court must look into the convenience of the wife. She has specifically pleaded that it would be convenient for her to attend the case at Ramdurg. Therefore, it is not appropriate for this Court to direct her to attend the proceedings at Bagalkot Court.

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The law is also well settled by the Hon’ble Apex Court in this regard in N.C.V.AISHWARYA VS. A.S.SARAVANA KARTHIK SHA reported in AIR 2022 SC 4318 .

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Having regard to the facts and circumstances of the case, I am of the view that it is just and proper to transfer the M.C.No.20/2022 pending on the file of Family Court, Bagalkot to the Court of Senior Civil Judge, Ramdurg.

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In the result, the Civil Petition succeeds and it is

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accordingly allowed .

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This Court directs to transfer M.C.No.20/2022 pending on the file of Family Court, Bagalkot to the Court of Senior Civil Judge, Ramdurg.

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If video conferencing provision is available, the respondent

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is at liberty to appear through video conferencing.

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Sd/JUDGE

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TKN

Smt. Veena W/O Suguresh Jigalur v. Shri. Suguresh S/O Sanganbasappa Jigalur

Case brief

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Smt. Veena W/O Suguresh Jigalur v. Shri. Suguresh S/O Sanganbasappa Jigalur

Case brief

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What did the court decide?

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