IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE CIVIL PETITION NO. 349/2018 BETWEEN:
Smt. Bibijan @ Bibi Ayesha, W/o Syed Aveas, D/o Baba Jan, Aged about 26 years, R/at Opp: Kishore Vidya Bhavan, Jai Maruti Show Room Road, Ground Floor, 3rd Main, 54/2nd Cross, Anjani Extension, Chintamani 563 125. … Petitioner (By Sri. Jagadish S Halashetti. Advocate) AND:
Mr. Syed Aveas, S/o Syed Anwar, Age 34 years, R/o No.28, 1st Main Road, “A” Cross, Kankanagar, R.T. Nagar Post, Bengaluru 560 032. … Respondent (By Sri. Azeemuddin M Mothekhan, Advocate) - - -
This Civil Petition is filed under Section 24 of CPC, praying to allow the petition and withdraw O.S.No.251/2018 pending on the file of the III Addl. Principal Judge, Family Court, Bengaluru and transfer the same to the file of Senior Civil Judge and JMFC Court, Chintamani etc.
This Civil Petition coming on for Admission, this day, the Court made the following:-
ORDER Mr. Jagdish S Halashetti, learned counsel for petitioner. None for the respondent.
2. Heard.
3. By this petition under Section 24 of the Civil Procedure Code, 1908 (hereinafter referred to as “the Code”, for short), the petitioner-wife seeks transfer of suit instituted by the respondent, namely O.S.No.251/2018 pending on the file of III Additional Principal Judge, Family Court, Bengaluru to the Senior Civil Judge & JMFC., Court at Chinthamani.
4. The learned counsel for petitioner submits that the petitioner is a household woman and she is entirely depending on her parents. It is further submitted that the petitioner has instituted proceedings under the Domestic Violence Act before the Principal Civil Judge & JMFC., Chinthamani, in which the respondent has entered appearance. The respondent has filed a suit namely O.S.No.251/2018 before III Additional Principal Judge, Family Court, Bengaluru, seeking the relief of declaration of Triple Talaqs pronounced by him are legal and valid.
5. It is well settled in law that though Section 24 of the Code of Civil Procedure confers power on Court to transfer proceeding, yet this power has to be exercised with circumspection and care. Convenience of the parties has to be taken into account. In the case of ‘RAJWINDER KAUR vs. BALWINDER SINGH’ in (2003) 11 SCC 726, Hon’ble Supreme Court had directed transfer of proceeding taking into account the fact that wife was required to travel long distance and was required to take care of daughter aged four years. Similarly, in the case of ‘SUMITA SINGH VS. KUMAR SANJAY AND ANOTHER’ in AIR 2002 SC 396, Hon’ble Supreme Court observed that it was the husband's suit against wife and, therefore, convenience of wife has to be taken into account and in the case of ‘RAJANI KISHOR PARDESHI VS. KISHOR BABULAL PARDESHI’ (2005) 12 SCC 237, wherein it has been held that in a matrimonial dispute, convenience of the wife is of the paramount consideration, the proceeding instituted by the respondent under section 13 of Hindu Marriage Act deserves to be transferred.
5. In view of the enunciation of law by the Supreme Court and taking into account the facts of the case, I deem it appropriate to direct transfer of the proceedings instituted by the respondent from Bengaluru to Chintamani.
6. Accordingly, it is directed that the proceeding instituted by the respondent in O.S.No.251/2018 pending on the file of III Additional Principal Judge, Family Court, Bengaluru shall be transferred to the court of competent jurisdiction at Chinthamani.
7. Accordingly, the petition is allowed.
Sd/-
Np/- JUDGE