Permitting a wife to transfer pending divorce proceedings from a distant court in Sagar to a closer Family Court in Hosadurga to avoid travel hardship, cost, and inconvenience given her dependency on parents and lack of income.
Transfer of matrimonial proceedings M.C.No.72/2020 from Principal Senior Civil Judge and JMFC, Sagar to Senior Civil Judge, Hosadurga.
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CP No. 239 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF MARCH, 2023
BEFORE
THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR CIVIL PETITION NO.239 OF 2022
BETWEEN:
SMT.NAGARATHNA D/O.T.KRISHNAMURTHY @ MARTHYAPPA W/O.S.ANIL KUMAR AGED ABOUT 32 YEARS MANDAKKI BHATTI JANGAMA NAGARA HOSADURGA CHITRADURGA DISTRICT-577 527
… PETITIONER
(BY SRI BIMBADHAR M. GOWDAR, ADVOCATE)
AND:
Digitally signed by B LAVANYA Location: HIGH COURT OF KARNATAKA
S.ANIL KUMAR S/O.B.SRINIVAS AGED ABOUT 37 YEARS PHOTOGRAPHER NEAR PUMP HOUSE BAZAR LINE, JOG FALLS SAGAR TALUK SHIVAMOGGA DISTRICT-577 435
(BY SRI VIJAYA M N., ADVOCATE)
…RESPONDENT
THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CPC PRAYING TO TRANSFER THE PETITION IN M.C.NO.72/2020 FROM THE COURT OF PRINCIPAL SENIOR CIVIL JUDGE AND JMFC, SAGAR TO THE COURT OF SENIOR CIVIL JUDGE, HOSADURGA & ETC.
THIS PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
CP No. 239 of 2022
ORDER
This petition is preferred by the wife seeking transfer of matrimonial proceedings filed by the respondent-husband in MC.No.72/2020 for divorce pending on the file of the Principal Senior Civil Judge and JMFC, Sagar to the Senior Civil Judge at Hosadurga.
CP No. 239 of 2022
Hosadurga for adjudication. It is also apparently seen that less amount of hardship would be caused to the respondenthusband in traveling to Hosadurga to attend the aforesaid cases rather than the wife attending the case at Sagar preferred by the respondent-husband seeking divorce. Accordingly, I proceed to pass the following:
ORDER
i) Petition is allowed;
ii) The matrimonial proceedings in MC.No.72/2020 filed under Section 13(1)(i-a) of the Hindu Marriage Act, 1955 pending on the file of the Principal Senior Civil Judge and JMFC, Sagar, is ordered to be transferred to the Senior Civil Judge, Hosadurga.
In view of disposal of the petition, pending interlocutory application does not survive for consideration and the same stands consigned to records.
Sd/JUDGE
LB
2 issues framed by the court
Whether the matrimonial proceedings filed by the husband in Sagar can be transferred to the Family Court at Hosadurga considering the wife's residence and hardship.
Whether the wife's lack of income and minor child status justify the transfer of the divorce petition to a closer court.
2 provisions across 2 enactments
SMT.NAGARATHNA D/O.T.KRISHNAMURTHY @ MARTHYAPPA W/O.S.ANIL KUMAR
S.ANIL KUMAR S/O.B.SRINIVAS
PRADEEP SINGH YERUR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
