Mr Kowshik B R Vs Smt Seema G S — Karnataka HC (2025) — LawSathi Research

Mr Kowshik B R Vs Smt Seema G S — Karnataka HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

CP No.193/2024 (husband's transfer petition) dismissed; CP No.276/2024 (wife's transfer petition) allowed; M.C.No.59/2023 withdrawn from the Court of Senior Civil Judge, Sakaleshpura and transferred to the Court of Principal Judge, Family Court, Bengaluru; the Sakaleshpura court directed to transmit the entire indexed record within one week; parties directed to appear before the Family Court, Bengaluru on 21.03.2025; issuance of further notice dispensed with.

Issue for consideration

Whether M.C.No.7854/2023 (wife's petition for dissolution of marriage) pending before the Principal Judge, Family Court, Bengaluru should be transferred to the Senior Civil Judge at Sakaleshpura or another competent court at Sakaleshpura, as prayed by the husband in CP No.193/2024. +1 more

Court's answer

The medical record relied upon by the husband does not disclose any grave illness on his part; except the complaint of pain in lower back, no other ailment is found therein, undermining his plea of inability to travel to Bengaluru.

Ratio / Principle

Since the petition for restitution of conjugal rights and the petition for decree of divorce are pending before two different Courts, for just disposal of both matters it would be desirable that both cases be dealt with by the same Court.

Key takeaways

Considering that a working woman will face much difficulty in attending Court at a distant place, the wife's request for transfer of M.C.No.59/2023 (restitution of conjugal rights) to Bengaluru requires to be considered.ratio¶53

Detailed headnote1 paragraphs

Cross transfer petitions under Section 24 CPC between spouses: the husband sought transfer of the wife's dissolution-of-marriage petition M.C.No.7854/2023 from the Family Court, Bengaluru to Sakaleshpura, pleading his health issues and obligation to care for his asthmatic father; the wife sought transfer of the husband's restitution-of-conjugal-rights petition M.C.No.59/2023 from the Senior Civil Judge, Sakaleshpura to the Family Court, Bengaluru, pleading she is a working woman who cannot travel and risks losing her job. Held: the medical record disclosed no grave illness of the husband (only lower-back pain); both matrimonial cases ought to be dealt with by the same Court; the difficulty faced by a working woman in attending a distant Court weighed in favour of the wife's request. Accordingly, CP No.193/2024 was dismissed and CP No.276/2024 allowed; M.C.No.59/2023 was withdrawn from Sakaleshpura and transferred to the Principal Judge, Family Court, Bengaluru, with the record to be transmitted within one week and parties to appear on 21.03.2025.

1 - NC: 2025:KHC:8099 CP No. 193 of 2024 C/W CP No. 276 of 2024

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 24^TH DAY OF FEBRUARY, 2025

BEFORE

THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA CIVIL PETITION NO. 193 OF 2024 C/W CIVIL PETITION NO. 276 OF 2024

IN CP No. 193 OF 2024:

BETWEEN:

MR. KOWSHIK B. R., S/O. K. P. RENU, AGED ABOUT 36 YEARS, R/O NO.17, BAGE POST, SAKALESHPURA-573 214. HASSAN DISTRICT.

…PETITIONER

(BY SMT. MEGHASHREE K. S.,ADVOCATE)

AND:

Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA

SMT. SEEMA G. S., W/O. KOWSHIK B. R. D/O. LATE G. R. SHIVAPPA, AGED ABOUT 32 YEARS,

RECENT ADDRESS EDEN BLOCK, 10^TH FLOOR, BRIGADE CORNER STONE UTOPIA, SH 35, VARTHUR GUNJUR MAIN ROAD, VARTHUR ROAD, BENGALURU-560 087.

TEMPORARY ADDRESS R/O NO.73, 1^ST FLOOR, "HEEMAADRI", 5^TH CROSS, SRI KRISHNA GARDEN LAYOUT, RAJARAJESHWARI NAGAR,

2 - NC: 2025:KHC:8099 CP No. 193 of 2024 C/W CP No. 276 of 2024

BENGALURU-560 038.

PERMANENT ADDRESS NO.799/5, 2^ND MAIN, 6^TH CROSS, SHIVAKUMAR LAYOUT, DAVANAGERE-577 005. EMAIL ID [email protected] MOBILE NO.8892531616.

…RESPONDENT

(BY SMT. MELANIE SEBASTIAN, ADVOCATE)

THIS CIVIL PETITION FILED UNDER SEC.24(1) OF THE CPC, 1908 PRAYING TO PASS AND ORDER FOR THE TRANSFER OF M.C. NO. 7854/2023 PENDING BEFORE HONBLE PRINCIPAL JUDGE, FAMILY COURT, BENGALURU TO HONBLE PRINCIPAL SENIOR CIVIL JUDGE, AT SAKALESHPURA OR ANY OTHER COMPETENT COURT AT SAKALESHPURA.

IN CP NO. 276 OF 2024:

BETWEEN:

SMT. SEEMA. G. S. WIFE OF KOWSHIK, AGED ABOUT 32 YEARS, RESIDING AT: NO.73, HIMADRI, 1^ST FLOOR, 5^TH CROSS, KRISHNA GARDEN LAYOUT, R. R. NAGAR, BENGALURU -560 098.

...PETITIONER

(BY SMT. MELANIE SEBASTIAN, ADVOCATE)

AND:

SRI. KOWSHIK. B. R. S/O. M. P. RENU, AGED ABOUT 36 YEARS PRESENTLY RESIDING AT: NO. 17,

3 - NC: 2025:KHC:8099 CP No. 193 of 2024 C/W CP No. 276 of 2024

BAGE POST, SAKLESHPUR TALUK, HASSAN - 573 214.

...RESPONDENT

(BY SMT. MEGHASHREE K.S., ADVOCATE FOR SRI. K.A. SHANTHAPPA, ADVOCATE)

THIS CIVIL PETITION FILED UNDER SECTION 24 OF CPC PRAYING TO DIRECTING TO TRANSFER THE CASE FILED BY THE RESPONDENT IN M.C. NO.59/2023 BEFORE THE SENIOR CIVIL JUDGE AND JMFC, SAKLESHPUR, HASSAN DISTRICT, TO THE FAMILY COURT AT BENGALURU.

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

CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA

ORAL COMMON ORDER

Heard Smt.Meghashree.K.S who represents the petitioner in CP No.193/2024 and the respondent in CP No.276/2024. Also heard Sri.Adarsh who represents Sri.Melanie Sebastian who is on record for the petitioner in CP No.276/2024 and who is also appearing for the respondent in CP No.193/2024.

4 - NC: 2025:KHC:8099 CP No. 193 of 2024 C/W CP No. 276 of 2024

For the sake of convenience of discussion, the

parties to the proceedings in these two petitions will be herein after be referred to as husband and wife.

The husband filed a petition for restitution of conjugal rights i.e., M.C.No.59/2023 and the same is pending before the Court of Senior Civil Judge, Sakaleshpura. The wife seeks this Court to transfer the said case from Sakaleshpura to the Family Court, Bengaluru.

The wife filed a petition i.e., M.C.No.7854/2023 seeking a decree of dissolution of marriage. The said case is pending before the Court of Principal Judge, Family Court, Bengaluru. Husband seeks this Court to transfer the said case from Bengaluru to the Court of Senior Civil Judge, Sakaleshpura.

Learned counsel who is representing the husband submits that her client is suffering from different health issues including neurological problems. Learned counsel also states that his father is suffering from Asthma

5 - NC: 2025:KHC:8099 CP No. 193 of 2024 C/W CP No. 276 of 2024

and therefore, her client is under obligation to take his father to the hospital as and when required. Therefore, he is unable to travel from Sakaleshpura to Bengaluru to attend the Court in the case which was filed by his wife seeking a decree of dissolution of marriage i.e., M.C.No.7854/2023. Therefore, the said case has to be transferred from Bengaluru to Sakaleshpura.

The submission that is made by the learned counsel who is representing the wife is that the wife is a working woman. Both husband and wife were residing at Bengaluru and were working. However, after the disputes that arouse between them, the husband started residing at Sakaleshpura. Learned counsel also states that the wife is unable to travel from Bengaluru to Sakaleshpura to attend the Court in the case which is filed by the husband for restitution of conjugal rights i.e., in M.C.No.59/2023 and therefore, she filed a petition seeking to transfer the said case to Bengaluru. Learned counsel also submits that leave will not be sanctioned to her and therefore, in case

6 - NC: 2025:KHC:8099 CP No. 193 of 2024 C/W CP No. 276 of 2024

she takes up frequent leave for attending the Court she will lose the job.

Though the learned counsel who is representing the husband i.e., Smt.Meghashree.K.S placed much reliance upon the medical record filed, the said medical record does not disclose any grave illness on the part of the husband. Except the complaint of pain in lower back, no other ailment is found in the said medical record.

Undoubtedly, the spouses were living and were working at Bengaluru. The ground urged and projected by the wife seeking transfer of the case appears justifiable. Admittedly, the petition filed for restitution of conjugal rights and the petition filed for grant of decree of divorce are pending before two different Courts. This Court is of the view that for just disposal of both the matters, it would be desirable that both the cases be dealt with by the same Court.

Having considered the fact that a working woman will face much difficulty in attending the Court at a

7 - NC: 2025:KHC:8099 CP No. 193 of 2024 C/W CP No. 276 of 2024

distant place, this Court is of the view that the request made by the wife for transfer of the petition filed by the husband for restitution of conjugal rights i.e., M.C.No.59/2023 requires to be considered. Therefore,

both the petitions are disposed of with the following:

ORDER

(i) C.P.No.193/2024 stands dismissed .

(ii) C.P.No.276/2024 is allowed .

(iii) M.C.No.59/2023 which is pending before the Court of Senior Civil Judge, Sakaleshpura is withdrawn and is transferred to the Court of Principal Judge, Family Court, Bengaluru.

(iv) The Court of Senior Civil Judge, Sakaleshpura is directed to transmit the entire record in M.C.No.59/2023 duly indexed to the Court of Principal Judge, Family Court, Bengaluru within a period of one week from the date of receipt of copy of this order.

(v) Parties to the proceedings are directed to appear before the Court of Principal Judge,

8 - NC: 2025:KHC:8099 CP No. 193 of 2024 C/W CP No. 276 of 2024

Family Court,

Bengaluru

in

M.C.No.59/2023 on 21.03.2025.

(vi) Issuance of further notice to the parties is not required.

Sd/(DR.CHILLAKUR SUMALATHA) JUDGE

NS CT:TSM List No.: 1 Sl No.: 33