Smt. Doddaparvathi @ M Manasa Vs N H Chethan

SMT. DODDAPARVATHI @ M. MANASA W/O CHETHAN KUMAR, D/O MALLIKARJUNAPPA, AGED ABOUT 26 YEARS, RESIDING AT CHANNAPATTANA VILLAGE, KASABA HOBLI, HOALAKERE TALUK, CHITRADURGA DISTRICT-577526.

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&PETITIONER

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(BY SRI SHIVAKUMARAPPA T.C., ADVOCATE)

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AND:

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Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA

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N.H. CHETHAN S/O HALAPPA, AGED ABOUT 31 YEARS, AGRICULTURIST, R/AT NAGENAHALLI VILLAGE, AMRUTHAPURA HOBLI, TARIKERE TALUK, CHIKKAMAGALURU DISTRICT-577228.

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&RESPONDENT

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(NOTICE TO RESPONDENT IS SERVED AND UNREPRESENTED)

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THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF THE CODE OF CIVIL PROCEDURE PRAYING THAT THIS HON9BLE COURT BE PLEASED TO WITHDRAW THE M.C.NO.32 OF 2024 FROM THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC TARIKERE AND TRANSFER THE SAME TO THE SENIOR CIVIL JUDGE AND JMFC HOLALKERE, BY ALLOWING THIS PETITION IN THE INTEREST OF JUSTICE AND EQUITY.

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NC: 2025:KHC:37981 CP No. 459 of 2024

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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 MRS. JUSTICE K.S. HEMALEKHA

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ORAL ORDER

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The present petition is filed by the wife seeking to withdraw and transfer M.C.No.32/2024, instituted by the respondent-husband seeking dissolution of marriage by invoking provision under Section 13(1)(ia) and (ib) of the Hindu Marriage Act, 1955 (8Act9 for short), pending on the file of the Court of the Senior Civil Judge and JMFC, Tarikere to the Court of Senior Civil Judge and JMFC, Holalkere.

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Heard the learned counsel for the petitioner.

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Though the respondent was served with notice on 07.07.2025, he has chosen to remain absent. There is no representation.

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The marriage between the petitioner and

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respondent was solemnized on 10.06.2022, as per the customs prevailing in their community. Due to strained

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NC: 2025:KHC:37981 CP No. 459 of 2024

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HC-KAR

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relation, the parties are residing separately for quite some time.

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Learned counsel for the petitioner submits that

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the petitioner resides with her parents along with her minor child, aged about 1 ½ years at Channapattana village, Holalkere Taluk. It is further submitted that the petitioner has instituted Crl.Misc.No.145/2024 invoking provisions under Section 12 read with Section 20 of the Domestic Violence Act, 2005 seeking maintenance, which is pending before the Court of the Principal Civil Judge and JMFC, Holalkere. The travel distance between Channapattana village, Holalkere Taluk and Tarikere is approximately 100 kilometers one way. To attend the proceedings at Tarikere, the petitioner has to leave early in the morning, which causes great inconvenience and hardship, more particularly when she has care and custody of the minor child.

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NC: 2025:KHC:37981 CP No. 459 of 2024

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HC-KAR

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It is a cardinal principle underlying matrimonial

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matters that when the wife seeks transfer of proceedings by invoking the provisions of Section 24 of CPC, the paramount consideration is the convenience of the wife, rather than the inconvenience that may be caused to the husband. In the instant case, the petitioner aged about 26 years, residing at Channapattana village, Holalkere Taluk, along with her minor child, aged about 1 ½ years and is already pursuing Crl.Misc.No.145/2024 before the Principal Civil Judge and JMFC, Holalkere. The long travel distance between Channapattana village, Holalkere Taluk and Tarikere and her responsibility for the minor child, makes it all the more difficult for her to travel all the way to Tarikere to attend the proceedings initiated by the husband.

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NC: 2025:KHC:37981 CP No. 459 of 2024

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HC-KAR

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The Apex Court in the case of N.C.V.

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Aishwarya Vs. A.S.Saravana Karthik Sha¹ (Aishwarya) has held at paragraph No.9 which reads as under:

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<9. The cardinal principle for exercise of power under Section 24 of the Code of Civil Procedure is that the ends of justice should 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 both the parties, the social strata of the spouses and their behavioural pattern, their standard of life prior to the marriage and subsequent thereto and the circumstances of both the parties in eking out their livelihood and under whose protective umbrella they are seeking their sustenance to life. Given the prevailing socio-economic paradigm in the Indian society, generally, it is the wife9s convenience which must be looked at while considering transfer.=

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For the foregoing reasons, this Court pass the

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following:

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1 Civil Appeal No.4894/2022

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NC: 2025:KHC:37981 CP No. 459 of 2024

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HC-KAR

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ORDER

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i. The Civil Petition is allowed.

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ii. M.C.No.32/2024 pending on the file of the Court of the Senior Civil Judge and JMFC, Tarikere is withdrawn and transferred to the Court of the Senior Civil Judge and JMFC, Holalkere.

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iii. The parties shall appear before the Court of the Senior Civil Judge and JMFC, Holalkere on 30.09.2025 without waiting for further notice.

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iv. Since the respondent is not present before this Court, in the event he does not appear before the Court of the Senior Civil Judge and JMFC, Holalkere on the said date, the concerned Court to take appropriate steps/course in accordance with law.

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Sd/-

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_____________________ JUSTICE K.S. HEMALEKHA

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AT

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List No.: 1 Sl No.: 3

Smt. Doddaparvathi @ M Manasa v. N H Chethan

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Smt. Doddaparvathi @ M Manasa v. N H Chethan

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