Smt Shruthi Jain D Vs Sri Abhishek Parak v

SMT. SHRUTHI JAIN .D W/O ABHISHEK PARAK .V D/O DILIP KUMAR JAIN, AGED ABOUT 28 YEARS, R/AT MAHARAJA CIRCLE, LAKSHMI NIVAS, MALUR TOWN, MALUR TALUK, KOLAR DISTRICT. …PETITIONER

¶11

(BY SMT. JAMUNA BAI R., ADVOCATE)

¶12

AND:

¶13

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

¶14

SRI ABHISHEK PARAK .V S/O VINOD KUMAR PARAKH, AGED ABOUT 28 YEARS, R/AT POONAM RESIDENCY, #60/1-2, 2^ND STAGE, GANGAMMA TEMPLE, ST. VIDHYAPEETA LAYOUT, ASHOK NAGAR, BANASHANKARI, BENGALURU-560 050. …RESPONDENT (BY SMT. ANANYA K., ADVOCATE)

¶15

THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF THE CIVIL PROCEDURE CODE, 1908 PRAYING TO PASS APPROPRIATE ORDER OR DIRECTION FOR WITHDRAWAL AND TRANSFER OF CASE M.C.NO.6601/2024 PENDING ON THE FILE OF THE V ADDITIONAL PRL. JUDGE, FAMILY COURT, BENGALURU TO THE HON’BLE SENIOR DIVISION CIVIL JUDGE AT MALUR.

¶16

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

¶17

2 -

¶18

NC: 2025:KHC:36495 CP No. 80 of 2025

¶19

HC-KAR

¶20

CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA

¶21

ORAL ORDER

¶22

The present petition is filed by the wife seeking to withdraw and transfer M.C.No.6601/2024, instituted by the respondent-husband seeking dissolution of marriage by invoking provision under Section 13(1)(ia) of the Hindu Marriage Act, 1955 (‘Act’ for short) pending on the file of the V Additional Principal Judge, Family Court, Bengaluru to the Court of Senior Civil Judge, Malur, where M.C.No.31/2023 is pending adjudication.

¶23

Heard the learned counsel for the petitioner and

¶24

learned counsel for the respondent.

¶25

The marriage between the petitioner and respondent was solemnized on 18.05.2020, as per the customs prevailing in their community. Due to un-cordial relationship the parties are residing separately for quite some time.

¶26

3 -

¶27

NC: 2025:KHC:36495 CP No. 80 of 2025

¶28

HC-KAR

¶29

Learned counsel for the petitioner submits that

¶30

the petitioner has already instituted M.C.No.31/2023 seeking restitution of conjugal rights pending on the file of Senior Civil Judge, Malur. It is only subsequent to the said filing, after a lapse of nearly 1 ½ years, the respondenthusband has filed M.C.No.6601/2024 before the Family Court, Bengaluru seeking dissolution of marriage. It is further submitted that the petitioner is residing at Malur and has care and custody of the minor child, aged about 4 years. The travel distance between Malur and Bengaluru is approximately 47 kilometers one way. To attend the proceedings instituted by the respondent at Bengaluru could cause undue hardship and great inconvenience to the petitioner particularly when she has to take care of the minor child.

¶31

Per contra, learned counsel for the respondent submits that the respondent-husband has been regularly appearing before the Malur Court in M.C.No.31/2023 filed by the petitioner. However, during the pendency of the

¶32

4 -

¶33

NC: 2025:KHC:36495 CP No. 80 of 2025

¶34

HC-KAR

¶35

said proceedings, an Non-Cognizable Report (for short ‘NCR’) was registered on 04.11.2023 at the instance of the petitioner. It is urged that if M.C.No.6601/2024 is transferred to Malur, the respondent would be put to difficulty and hardship in effectively prosecuting his case before the said Court.

¶36

It is not in dispute that M.C.No.31/2023 instituted by the petitioner is pending before the Senior Civil Judge at Malur. The subsequent petition, M.C.No.6601/2024 has been filed by the respondenthusband before the Family Court at Bengaluru.

¶37

The Apex Court in the case of Sumita Singh Vs Kumar Sanjay and Another¹ (Sumita Singh) and N.C.V. Aishwarya Vs. A.S.Saravana Karthik Sha² (Aishwarya) has consistently held that in matrimonial cases, the convenience of the wife, particularly when she

¶38

1 (2001) 10 SCC 41

¶39

2 2022 SCC Online SC 1199

¶40

5 -

¶41

NC: 2025:KHC:36495 CP No. 80 of 2025

¶42

HC-KAR

¶43

has the custody of a minor child, deserves to be given paramount consideration while deciding transfer petition.

¶44

In the instant case, the petitioner resides in Malur with the minor child, aged about 4 years. The travel distance between Malur and Bengaluru is approximately 47 kilometers compelling her to travel to Bengaluru particularly when the petitioner is required to manage the child’s care certainly cause undue hardship.

¶45

The Apex Court in the case of Aishwarya has held at paragraph No.9 which reads as under:

¶46

“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

¶47

NC: 2025:KHC:36495 CP No. 80 of 2025

¶48

6 -

¶49

HC-KAR

¶50

umbrella they are seeking their sustenance to life. Given the prevailing socio-economic paradigm in the Indian society, generally, it is the wife’s convenience which must be looked at while considering transfer.”

¶51

As regards the apprehension raised by the respondent regarding NCR No.553/2023, the same cannot outweigh the settled principle that the wife’s convenience should be given precedence in transfer matters. Mere registration of an NCR cannot be a ground to deny transfer. For the foregoing reasons, this Court pass the following:

¶52

ORDER

¶53

i. The Civil Petition is allowed.

¶54

ii. M.C.No.6601/2024 pending on the file of V Additional Principal Judge, Family Court, Bengaluru is withdrawn and transferred to the Court of Senior Civil Judge, Malur and to be tried along with M.C.No.31/2023.

¶55

7 -

¶56

NC: 2025:KHC:36495 CP No. 80 of 2025

¶57

HC-KAR

¶58

iii. The parties shall appear before the Court of Senior Civil Judge, Malur on 24.09.2025 without awaiting for further notice.

¶59

iv. The Registry of the Family Court, Benglauru shall forthwith transmit the entire records in M.C.No.6601/2024 to the Court of the Senior Civil Judge, Malur.

¶60

Sd/-

¶61

____________________ JUSTICE K.S. HEMALEKHA

¶62

AT List No.: 1 Sl No.: 9

Smt Shruthi Jain D v. Sri Abhishek Parak v

Case brief

What is this about?

What did the court decide?

Smt Shruthi Jain D v. Sri Abhishek Parak v

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Smt Namitha N C Vs Sri Y T Yogesh

Sri Anshul Agarwal Vs M/S Innoviti Techneolgies Private Limited

Mr S Ashwin Kumar Vs Smt Nisha Alias Shivakumari

Mrs. Clotilda Almeida Vs Mr. Vincy Deepchand D Souza

Smt. Grantham Lakshmi Venkatesha Vs Sri. Grantham Venkatesha

Sri Mahendra Kumar Jain Vs Sri Chetan Kumar