Transfer petition by the wife seeking to move her husband's divorce petition from Family Court, Davanagere to Hoovinahadgali, citing hardship of travelling 70 km while residing with her parents. Following the convenience-of-the-wife principle, the court allowed transfer.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
CIVIL PETITION NO. 286 OF 2024
BETWEEN:
SMT GANASHREE S W/O KIRAN KUMAR M S D/O HULAGAPPA AGED ABOUT 32 YEARS R/O 358/4, WARD NO. 4 NEAR DARGA, AND OLD BUS STOP HUVINAHADAGALI TALUK VIJAYANGARA DISTRICT - 583219.
…PETITIONER
(BY SRI. ARAVIND H.,ADVOCATE)
AND:
Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA
KIRAN KUMAR M S S/O SHIVAPPA MUDUKANNANAVAR AGED ABOUT 34 YEARS ENGINEER, R/O DOOR NO. 793/16, 1ST MAIN 3RD CROSS, JASYANAGARA A BLOCK DAVANAGERE - 577001.
…RESPONDENT
(BY SRI. SURESH R.,ADVOCATE)
THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CPC, PRAYING TO WITHDRAW THE M.C. NO.187/2024 ON FILE OF FAMILY COURT AT DAVANGERE AND TRANSFER THE SAME TO SENIOR CIVIL JUDGE AND J.M.F.C HAGARIBOMMNAHALLI ITINERARY COURT SITTING AT HOOVINAHADGALI, VIJAYANAGARA DISTRICT, IN THE INTEREST OF JUSTICE AND EQUITY.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
NC: 2024:KHC:39684 CP No. 286 of 2024
CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
ORAL ORDER
13(1) of the Hindu Marriage Act in M.C.No.187/2024 pending on the file of the Family Court, Davanagere seeking for dissolution of marriage. The case of the petitioner is that since the petitioner is residing in Hoovinahadalgi, it would cause great inconvenience and hardship for her to travel a distance of 70 kms to Davanagere to prosecute the case. Hence, she filed the present petition seeking for transfer of case.
to prosecute the case filed by the respondent-husband in M.C.No.187/2024 pending on the file of the Family Court, Davanagere. Therefore, if the petition is not transferred, it would cause great inconvenience and hardship to the petitioner-wife. Hence, the learned counsel sought for allowing the petition.
NC: 2024:KHC:39684 CP No. 286 of 2024
wedded wife of the respondent and their marriage was solemnized on 08.06.2022 at Davanagere as per Hindu rites and customs. After the marriage, the petitioner was residing with her husband at her matrimonial house. As matrimonial disputes arose between the parties, the petitioner started living separately with her parents in Hoovinahadalgi. Thereafter, the petitioner-wife filed C.Misc.No.581/2023 before the Senior Civil Judge and JMFC, Hagaribommanahalli Itinerary Court, Sitting at Hoovinahadgali, Vijayanagar District seeking maintenance and in the said case, the respondent has appeared and prosecuting the case. The respondent-husband filed a petition under Section 13(1) of the Hindu Marriage Act in M.C.No.187/2024 pending on the file of the Family Court, Davanagere seeking for dissolution of marriage. Since the petitioner is residing in Hoovinahadalgi, it would cause great inconvenience and hardship for her to travel a distance of 70 kms to Davanagere to prosecute the case.
NC: 2024:KHC:39684 CP No. 286 of 2024
7. This Court in the case Smt.M.V.Rekha v. Sri
Sathya @ Suraj - ILR 2010 KAR 5407 at Paragraph No.15 has held as hereunder:
"The cardinal principle for exercise of power under Section 24 of the Code of Civil Procedure is that ends of justice demand the transfer of the suit, appeal or other proceeding. In matrimonial matters, wherever Courts are called upon to consider the plea of transfer, the Courts have to take into consideration the economic soundness of either of the parties, the social strata of the spouses and behavioural pattern, their standard of life antecedent to marriage and subsequent thereon and the circumstances of either of the parties in eking out their livelihood and under whose protective umbrella they are seeking their sustenance to life. Generally, it is the wife's convenience which must be looked at while considering transfer. Further, when two proceedings in different Courts which raise common question of fact and law and when the decisions are interdependent, it is desirable that they should be tried together by the same Judge so as to
avoid multiplicity in trial of the same issues and conflict of decisions (See Smt.NandaKishori v. S.B.Shiua Prakash AIR 1993 Kar 87, Sumita Singh v. Kumar Sanjay and Anr. MANU/SC/0936/2001:AIR 2002 SC 396 and Smt.Swarna Gouri v. Sri Vinayak Pujar MANU/KA/7130/2007 : ILR 2007 Kar 4561."
(emphasis supplied)
out by the petitioner and the law laid down in the case of Smt.M.V.Rekha (supra), which provides that convenience of the wife is an aspect that is to be taken note of while considering the transfer petitions, petition deserves to be allowed. Accordingly, the following order is passed:
ORDER
a) The petition is allowed.
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and JMFC, Hagaribommanahalli Itinerary Court, Sitting at Hoovinahadgali, Vijayanagar District.
Sd/(H.T. NARENDRA PRASAD) JUDGE
HA List No.: 1 Sl No.: 11
1 issue framed by the court
Whether M.C.No.187/2024 pending before Family Court, Davanagere should be transferred to Hoovinahadgali on the ground of the wife's inconvenience in travelling 70 kms.
Colour shows how this judgement treated each authority
Smt.M.V.Rekha v. Sri Sathya @ SurajFollowed¶7
ILR 2010 KAR 5407 · Who else cites this
Smt.NandaKishori v. S.B.Shiua PrakashReferred
AIR 1993 Kar 87 · Who else cites this
Sumita Singh v. Kumar Sanjay and Anr.Referred
MANU/SC/0936/2001:AIR 2002 SC 396 · Who else cites this
Smt.Swarna Gouri v. Sri Vinayak PujarReferred
MANU/KA/7130/2007 : ILR 2007 Kar 4561 · Who else cites this
1 provisions across 1 enactments
Smt Ganashree S
Kiran Kumar M S
H.T. Narendra Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
