Allowed

Smt. Sparsha. Y. S, @ Kusuma, v. Sri Prajwal S@ Prajwal S Gowda

Karnataka HC25 Sept 2024CP/302/2024

Case brief

AI extract

What is this about?

The High Court of Karnataka allowed a transfer petition under Section 24 of CPC. The petition sought to move a dissolution of marriage case from Bengaluru to Hassan. The court emphasized the wife's convenience and principle of ends of justice, noting the significant distance and hardship faced by the petitioner residing with parents in Hassan.

What did the court decide?

Petition allowed; case M.C.No.3323/2024 transferred from III Additional Principal Judge, Family Court, Bengaluru to Principal Judge, Family Court, Hassan; records transmitted; transferee court to disp

Smt. Sparsha. Y. S, @ Kusuma, Vs Sri Prajwal S@… — Matrimonial and Divorce | Karnataka HC (2024)

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1 - NC: 2024:KHC:39685 CP No. 302 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 25^TH DAY OF SEPTEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD

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CIVIL PETITION NO. 302 OF 2024

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BETWEEN:

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SMT. SPARSHA. Y. S, @ KUSUMA D/O. Y. P. SURENDRA AGED ABOUT 23 YEARS RESIDING AT SUKARSHANA NILAYA OPP. KARNATAKA SAW MILL NEAR GOVERNMENT BOYS HOSTEL BASAVESHWARA NAGARA, BELURU ROAD HASSAN-573 201.

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ALSO AT MANICHANAHALLI HANDINAKERE, JODIHANDANKERE KASABA HOBLI, HASSAN TALUK HASSAN DISTRICT-573 217.

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…PETITIONER

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(BY SRI. HARSHITH B..,ADVOCATE)

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AND:

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SRI PRAJWAL S @ PRAJWAL S GOWDA Digitally signed by HEMALATHA A S/O. D. SURESH Location: HIGH AGED ABOUT 28 YEARS COURT OF R/AT,NO.28,6TH CROSS KARNATAKA BAGALAGUNTE, SIDADEHALLI MAIN ROAD VISHWESHWARAIAH LAYOUT NAGASANDRA POST, BENGALURU-560 073.

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…RESPONDENT

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(BY SRI. S.P. ANNE GOWDA.,ADVOCATE)

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THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CPC, 1908 PRAYING TO PASS AN ORDER TRANSFERRING THE CASE IN M.C NO.3323/2024 PENDING ON THE FILE OF III ADDL. PRINCIPAL JUDGE, FAMILY COURT BENGALURU TO COURT OF HONBLE PRL. JUDGE FAMILY COURT AT HASSAN

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NC: 2024:KHC:39685 CP No. 302 of 2024

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FOR DISPOSAL IN ACCORDANCE WITH LAW, IN THE INTEREST OF JUSTICE AND EQUITY.

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THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD

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ORAL ORDER

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This petition under Section 24 of CPC is filed by the petitioner-wife seeking for transfer of M.C.No.3323/2024 pending on the file of the III Additional Principal Judge, Family Court, Bengaluru to the Principal Judge, Family Court, Hassan.

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The petitioner is the legally wedded wife of the respondent and their marriage was solemnized on 27.04.2023 at Nandagokula Convention Hall, Hassan 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 Hassan. Thereafter, the petitioner-wife filed C.Misc.No.86/2023 before the Family Court, Hassan seeking maintenance. The respondent-

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3 - NC: 2024:KHC:39685 CP No. 302 of 2024

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husband filed a petition under Section 13(1) of the Hindu Marriage Act in M.C.No.3323/2024 pending on the file of the III Additional Principal Judge, Family Court, Bengaluru seeking for dissolution of marriage. The case of the petitioner is that since the petitioner is residing in Hassan, it would cause great inconvenience and hardship for her to travel a distance of 182 kms to Bengaluru to prosecute the case. Hence, she filed the present petition seeking for transfer of case.

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The learned counsel for the petitioner-wife contended that after the matrimonial dispute, the petitioner started living separately with her parents and she has to take care of her aged parents. The petitioner-wife filed C.Misc.No.86/2023 before the Family Court, Hassan seeking maintenance and in the said case, the respondent has appeared and prosecuting the case. The petitioner has no other family members or relatives to accompany or assist her in traveling to Bengaluru, which is at a distance of 182 Kms, to prosecute the case filed by the respondent-

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NC: 2024:KHC:39685 CP No. 302 of 2024

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husband in M.C.No.3323/2024 pending on the file of the III Additional Principal Judge, Family Court, Bengaluru. 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.

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The learned counsel for the respondent-husband contended that after the marriage, the petitioner was residing with her husband in Bengaluru and she is familiar with the places in Bengaluru. Since the respondenthusband is working in a private company, it is very difficult for him to get leave to attend the Court in Hassan for prosecuting the case. Hence, the learned counsel sought for dismissal of the petition.

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Heard the learned counsel for the parties. Perused the petition papers.

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It is not in dispute that the petitioner is the legally wedded wife of the respondent and their marriage was

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5 - NC: 2024:KHC:39685 CP No. 302 of 2024

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solemnized on 27.04.2023 at Nandagokula Convention Hall, Hassan 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 Hassan. Thereafter, the petitioner-wife filed C.Misc.No.86/2023 before the Family Court, Hassan 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.3323/2024 pending on the file of the III Additional Principal Judge, Family Court, Bengaluru seeking for dissolution of marriage. Since the petitioner is residing in Hassan, it would cause great inconvenience and hardship for her to travel a distance of 182 kms to Bengaluru to prosecute the case.

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NC: 2024:KHC:39685 CP No. 302 of 2024

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7. This Court in the case Smt.M.V.Rekha v. Sri

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Sathya @ Suraj - ILR 2010 KAR 5407 at Paragraph No.15 has held as hereunder:

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"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

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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."

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(emphasis supplied)

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Therefore, taking note of the inconvenience as made

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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:

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ORDER

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a) The petition is allowed.

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b) The case in M.C.No.3323/2024 pending on the file of the III Additional Principal Judge, Family Court, Bengaluru is hereby withdrawn and the same is

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NC: 2024:KHC:39685 CP No. 302 of 2024

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transferred to the Principal Judge, Family Court, Hassan.

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c) The transferor Court is hereby directed to transmit the entire records to the transferee court.

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d) The transferee Court after hearing the parties is directed to dispose of the said case, in accordance with law, as expeditiously as possible, not later than one year from the date of receipt of certified copy of this order.

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e) The parties are directed to cooperate for early disposal of the case.

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Sd/(H.T. NARENDRA PRASAD) JUDGE

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List No.: 1 Sl No.: 12

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Smt. Sparsha. Y. S, @ Kusuma, v. Sri Prajwal S@ Prajwal S Gowda

Case brief

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Smt. Sparsha. Y. S, @ Kusuma, v. Sri Prajwal S@ Prajwal S Gowda

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