IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JANUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE CIVIL PETITION NO.121 OF 2016 BETWEEN:
SMT. GEETHAMANI W/O R. RAMESH AGED ABOUT 39 YEARS D/O RAMAIAH R/AT. K.H.B. COLONY KUNIGAL TOWN TUMAKURU DISTRICT-521012.
(By Ms. JAYALAKSHMI K.B. ADV., (ABSENT)) AND:
SRI. R. RAMESH S/O RANGAPPA AGED 38 YEARS R/AT. K.H.B. COLONY KUNIGAL TOWN TUMAKURU DISTRICT-521012.
AND ALSO RESIDING AT HULIKATTE, MADBAL HOBLI MAGADI TALUK AND ALSO WORKING AS A LECTURER AT GOVT. P.U. COLLEGE BHAKTHARAHALLI VILLAGE KOTHAGERE HOBLI KUNIGAL TALUK TUMAKURU DISTRICT-521012.
(By Mr. R. KARTHIK, ADV., FOR Mr. INDUSHEKAR, ADV.,) … PETITIONER … RESPONDENT - - -
This Civil Petition is filed under Section 24 of the CPC praying to transfer M.C.No.58/2014 filed by the respondent against the petitioner on the file of Civil Judge (Senior Division) at Magadi to the Court of Principal JMFC at Kunigal wherein the petitioner has filed a petition in C.Misc.No.231/2015 against the Respondent which is pending and grant such other and further reliefs as this Hon’ble Court deems fit and proper under the circumstances of this case in the interest of justice and equity.
This Civil Petition coming on for Admission this day, the Court made the following:-
ORDER None for the petitioner even when the matter was taken in the second round.
Mr.R.Karthik for Sri.Indushekar, learned counsel for the respondent.
2. The civil petition is admitted for hearing.
With consent of the parties, the same is heard finally.
3. This petition under Section 24 of the Code of Civil Procedure, 1908 (hereinafter referred to as ‘the Code’ for short) has been filed by the wife seeking transfer of the proceedings instituted by the respondent under Section 13 of the Hindu Marriage Act, 1955 (hereinafter referred to as ‘the Act’ for short) from Magadi to Kunigal. From the pleadings of the petition, it is evident that the petitioner-wife is the resident of Kunigal and has instituted the proceedings under Section 125 of the Code of Criminal Procedure, 1974 seeking maintenance against the respondent at Kunigal. Admittedly, the respondent has appeared in the proceedings under Section 125 of the Code and has contested the proceedings.
4. It is well settled in law that though Section 24 of the Code 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 the Act deserves to be transferred.
5. In view of the enunciation of law and taking into account that the respondent has already contested the proceedings under Section 125 of the Code at Kunigal, I deem it appropriate to direct transfer of the proceedings instituted by the petitioner from Magadi to Kunigal.
6. Accordingly, it is directed that the proceeding instituted by the petitioner under Section 13 of Act in M.C.No.58/2014 which is pending before the Civil Judge (Senior Division) Magadi, shall stand transferred to the Court of competent jurisdiction at Kunigal. The Court at Kunigal shall decide the proceeding expeditiously bearing in mind the legislate mandate contained in Section 21(b) of the Hindu Marriage Act, 1955.
Accordingly, the petition is allowed.
Sd/- JUDGE ss