R Pushpa Vs S C Srinivasa Nayaka

R. PUSHPA W/O S.C. SRINIVASANAYAKA, AGED ABOUT 47 YEARS, R/AT ‘CHIRANTHANA’, 9^TH MAIN ROAD, JAYANAGARA EAST, TUMAKURU-572 102. (BY SRI. SUNIL KUMAR PATEL, ADVOCATE)

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…PETITIONER

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AND:

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Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA

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S.C. SRINIVASA NAYAKA S/O LATE CHIKKAHANUMANIAH, AGED ABOUT 53 YEARS, PRESENTLY R/AT SANABHAGHATTA, K.HONNAMACHANNAHALLI POST, AMRUTHURU HOBLI, KUNIGAL TALUK, TUMAKURU.

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…RESPONDENT (RESPONDENT IS SERVED AND UNREPRESENTED)

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THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF THE CIVIL PROCEDURE CODE, 1908, PRAYING TO WITHDRAW THE CASE IN M.C.NO.47/2024 PENDING ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC AT KUNIGAL AND TO TRANSFER TO THE PRINCIPAL JUDGE, FAMILY COURT, AT TUMAKURU, FOR TRIAL AND DISPOSAL OF THE SAID CASE, IN ACCORDANCE WITH LAW, IN THE INTEREST OF JUSTICE.

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NC: 2025:KHC:25585 CP No. 16 of 2025

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HC-KAR

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

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CORAM: HON'BLE MR. JUSTICE C.M. POONACHA

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ORAL ORDER

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The present petition is filed by the petitioner-wife under Section 24 of the Code of Civil Procedure, 1908¹ seeking for transfer of MC No.47/2024 which is pending on the file of the Senior Civil Judge and JMFC, Kunigal, to the Principal Judge, Family Court, Tumakuru.

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Heard submissions of learned counsel for the petitioner-wife. The respondent-husband is served and unrepresented.

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For the sake of convenience, the parties herein are referred to as per their relationship.

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The relevant facts necessary for consideration of the present petition are that the marriage between the parties was solemnized on 15.11.2004 and a son is born to them from

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1 Hereinafter referred to as ‘the CPC’

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NC: 2025:KHC:25585 CP No. 16 of 2025

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HC-KAR

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their wedlock. Due to various reasons, the parties have been living separately.

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MC No.47/2024 under Section 13(1)(ia)(ib) of the Hindu Marriage Act, 1955² , which is pending before the Senior Civil Judge, Kunigal. The petitioner-wife has filed MC No.229/2024 under Section 9 of the H.M. Act, for restitution of conjugal rights, which is pending before the Principal Judge, Family Court, Tumakuru. Seeking for transfer of MC No.47/2024, the present petition is filed.

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Learned counsel for the petitioner contends that the

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son of the parties is under the care and custody of the wife, who is employed as a Lecturer in a college. That she is required to travel for the purpose of her employment as also is required to take care of the son of the parties, who is pursuing his education. It is further contended that the husband is gainfully employed as a Lecturer and has an independent source of income. It is contended that the wife will be put to

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2 Hereinafter referred to as 'H.M.Act'

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NC: 2025:KHC:25585 CP No. 16 of 2025

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HC-KAR

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great hardship if she is required to travel to Kunigal for the purpose of contesting the proceedings initiated by the husband.

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Having regard to the fact that the son of the parties

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is under the care and custody of the wife, as also due to the fact that the husband is gainfully employed having an independent source of income, in view of the fact that the husband, in any event, will be required to travel to Kunigal for the purpose of contesting MC No.229/2024 instituted by the wife, having regard to the settled proposition of law as held by the Hon’ble Supreme Court in the case of N.C.V. AISHWARYA VS A.S.SARAVANA KARTHIK SHA³ that while considering cases for transfer of matrimonial proceedings, the convenience of wife will have to be given precedence to, it is just and proper that the relief sought in the present petition be granted.

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In view of the aforementioned, the following order

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is passed:

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ORDER

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i. The above petition is allowed ;

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3AIR ONLINE 2022 SC 1268

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NC: 2025:KHC:25585 CP No. 16 of 2025

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HC-KAR

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ii. M.C.No.47/2024 pending on the file of the Senior

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Civil Judge and JMFC, Kunigal, shall stand transferred to the Court of the Principal Judge, Family Court, Tumakuru, to be tried along with MC No.229/2024;

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iii. The petitioner shall appear before the transferee Court on 19.7.2025, without the requirement of any further notice being issued in this regard;

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iv. Consequent to appearance of the petitioner, the transferee Court shall conduct further proceedings, in accordance with law;

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v. All contentions of the parties are left open.

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In view of the disposal of petition, I.A. No. 1/2025

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does not survive for consideration.

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Sd/(C.M. POONACHA) JUDGE