IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 07TH DAY OF FEBRUARY, 2019 BEFORE THE HON'BLE MR.JUSTICE ASHOK G. NIJAGANNAVAR CIVIL PETITION NO.230/2017 BETWEEN:
SMT. A.N. GIRIJA @ SMT. A.N.SWETHA W/O. SHASHICHUD D., D/O. A.G. NINGARAJU REVENUE INSPECTOR AGED ABOUT 25 YEARS, PRESENTLY RESIDING AT NO.133, WARD NO.9, NAGASANDRA ROAD, NEAR JNANASAGAR INTERNATIONAL SCHOOL, CHANNEGOWDA BUILDING, GAYATHRI EXTENSION, CHANNARAYAPATNA -573116, HASSAN DISTRICT. …PETITIONER (BY SRI.SHASHIDHARA H.N., ADVOCATE) AND:
SRI D. SHASHICHUD S/O. H.S. DHARMAPPA GOWDA AGED ABOUT 38 YEARS, EMPLOYEE OF K.M.F. DAIRY GEJJALAGERE, MADDUR TALUK, R/AT DR. PUTTALINGEGOWDA BUILDING, VIJYA BANK BUILDING, GEJJALAGERE, KASABA HOBLI, MADDUR TALUK, MANDYA DISTRICT. ...RESPONDENT (BY SRI. K.V. NARASIMHAN, ADVOCATE) THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF THE CIVIL PROCEDURE CODE PRAYING TO WITHDRAW MC NO.43/2017 FILED BY THE RESPONDENT ON THE FILE OF THE SENIOR CIVIL JUDGE, MADDURU AND TRANSFER THE SAME TO THE SENIOR CIVIL JUDGE, CHANNARAYAPATNA, HASSAN DISTRICT FOR DISPOSAL IN ACCORDANCE WITH LAW AND ETC., THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Though this civil petition is listed for admission, with the consent of the learned counsel for the petitioner and the respondent, the matter is heard on merits.
2. This petition is filed under Section 24 of CPC for transfer of MC No.43/2017 on the file of Senior Civil Judge, Madduru to the Senior Civil Judge, Court Channarayapatna, Hassan District.
3. The petitioner is the wife while respondent is the husband and they were married on 06.11.2011, at Hassan. On account of certain matrimonial disputes and other complications between the couple, the husband/respondent has filed a petition under Section 13(1)(i)(a) of the Hindu Marriage Act before the Senior Civil Judge, Maddur seeking dissolution of marriage which is numbered as M.C. No.43/2017.
4. The petitioner herein who is the respondent in the said M.C. Petition. M.C.No.43/2017 has filed a petition claiming maintenance which is pending before the Senior Judge, JMFC., Court, Channarayapatna. It is the case of the petitioner that she is a housewife residing in her parents along with the female child. Due to financial difficulties, she is unable to attend the Court proceedings at Maddur. If M.C. petition pending before the Maddur is not transferred to Channarayapatna she will be put to hardship and inconvenience.
5. Section 24 of the Code of Civil Procedure provides for the general power of transfer and withdrawal of the suits, appeal or other proceedings.
The relevant provision is sub-section (1)(b) of Section 24, which is as under:
“24. General power of transfer and withdrawal.-
(1) On the application of any of the parties and after notice to the parties and after hearing such of them as desired to be heard, or of its own motion, without such notice, the High Court or the District Court may, at any stage,— (a) ….
(b) withdraw any suit, appeal or other proceeding pending in any court subordinate to it; and (i) try to dispose of the same; or (ii) transfer the same for trial or disposal to any court subordinate to it and competent to try or dispose of the same; or (iii) re-transfer the same for trial or disposal to the court from which it was withdrawn.
6. In the case of M.V. Rekha v/s. Sathya Alias Suraj reported in 2011 (2) Kar.L.J. 643, it is held as under:
“15. The cardinal principle for exercise of power under Section 24 of the Code of Civil Procedure is that ends of justice 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 either of the parties, the social strata of the spouses and behavioural pattern, their standard of life antecedent to marriage and subsequent thereon and the circumstances of either of the parties in eking out their livelihood and under whose protective umbrella they are seeking their sustenance to life. Generally, it is the wife’s convenience which must be looked at while considering transfer.
7. It is an admitted fact that respondent- husband is working at Maddur in K.M.F., as such he has no financial difficulty to attend the Court proceedings at Channarayapatna in the event of transfer of M.C. petition and also petition filed by the wife claiming maintenance.
8. In the circumstance, civil petition is allowed.
M.C. No.43/2017 pending on the file of Senior Civil Judge, Maddur, Mandya District is ordered to be transferred to the Court of Senior Civil Judge and JMFC., Channarayapatna, Hassan District.
8. Registry is directed to communicate this order to the Prl. Senior Civil Judge, Maddur for the purpose of transmission of records.
Accordingly, petition is allowed.
Sd/-
JUDGE BS