Shobha v Vs Sangamesha a .J.

SHOBHA V., W/O SANGAMESHA A.J., D/O VIRABHADRAIAH, AGED ABOUT 24 YEARS, R/AT KODALAHALLI VILLAGE, ADIVALA POT, HIRIYUR TALUK, CHITRADURGA DISTRICT-577599.

¶11

…PETITIONER

¶12

(BY SRI RANGEGOWDA N. R., ADVOCATE)

¶13

AND:

¶14

Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA

¶15

SANGAMESHA A. J., S/O JAYADEVAIAH, AGED ABOUT 39 YEARS, R/AT WARD No.1., RANGAPURA, URUKERE POST, TUMAKURU TALUK AND DISTRICT-572101.

¶16

…RESPONDENT

¶17

(RESPONDENT IS SERVED AND UNREPRESENTED)

¶18

THIS CP IF FILED UNDER SECTION 24 OF CPC, PRAYING TO WITHDRAW THE MC No.295/2024 PENDING ON THE FILE OF THE PRINCIPAL JUDGE FAMILY COURT, AT TUMAKURU AND TRANSFER THE SAME TO SENIOR CIVIL JUDGE AND JMFC, AT HIRIYUR, BY ALLOWING THIS PETITION, IN THE INTEREST OF JUSTICE AND EQUITY.

¶19

2 -

¶20

NC: 2025:KHC:24240 CP No. 507 of 2024

¶21

HC-KAR

¶22

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

¶23

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

¶24

ORAL ORDER

¶25

The present petition is filed under Section 24 of the Code of Civil Procedure, 1908¹ by the wife seeking for transfer of MC No.295/2024 pending on the file of the Principal Judge, Family Court, Tumakuru to the Court of the Senior Civil Judge and JMFC, Hiriyuru.

¶26

It is forthcoming that the marriage between the parties was solemnized on 18.05.2017 and they were living together in the matrimonial home for some time. However, due to various reasons, the parties have been living separately. That the wife is living along with her parents at the address mentioned in the cause-title at Hiriyuru Taluk, Chitradurga District.

¶27

The husband has filed MC No.295/2024 pending before the Principal Judge, Family Court, Tumakuru. Seeking

¶28

1 Hereinafter referred to as 'CPC' for short

¶29

3 -

¶30

NC: 2025:KHC:24240 CP No. 507 of 2024

¶31

HC-KAR

¶32

for transfer of the same, the present petition is filed by the wife.

¶33

Heard Sri. Rangegowda N. R., learned counsel for the petitioner. Respondent is served and unrepresented.

¶34

It is contended that the wife is living along with

¶35

her parents and is wholly dependant on them for her livelihood. That the distance between the place of residence of the wife and Tumakuru is more than 100 kms. That the parents of the wife are suffering from old age ailments and the wife will be put to great hardship if she is required to travel to Tumakuru for the purpose of contesting MC No.295/2024.

¶36

Having regard to the fact that the wife stated to be staying along with her parents and depending on them for her livelihood, also having regard to the fact that the distance between the Hiriyuru and Tumakuru is more than 100 kms, keeping in mind the settled proposition of law as held by the Hon’ble Supreme Court in the case of N.C.V.

¶37

4 -

¶38

NC: 2025:KHC:24240 CP No. 507 of 2024

¶39

HC-KAR

¶40

AISHWARYA VS A.S.SARAVANA KARTHIK SHA² 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.

¶41

In view of the aforementioned, the following order is passed:

¶42

ORDER

¶43

i. The above petition is allowed;

¶44

ii. MC.No.295/2024 pending on the file of Principal Judge, Family Court, Tumakuru shall stand transferred to the Court of the Senior Civil Judge and JMFC, Hiriyuru;

¶45

iii. The petitioner shall appear before the transferee Court on 04.08.2025 without requirement of any further notice being issued in this regard;

¶46

2 AIR ONLINE 2022 SC 1268

¶47