IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 09TH DAY OF JANUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE CIVIL PETITION NO.226 OF 2018 BETWEEN:
Smt. H. Shruti @ Bhagya W/o S. Mohan Achar, D/o Hemachar, Aged 28 years, R/o Madderu Village, Shivaganga Post, Holalkere Taluk – 577 526, Chitradurga District.
(By Sri. R. Shashidhara, Advocate) AND:
Sri. S. Mohan Achar S/o Sudharshanachari, Aged about 38 years, R/at No.403, Harishka Nivasha, 1st Floor, 3rd Main, 4th Cross, Jakkur Post, M.S. Nagara, Thirumenahalli Village, Bengaluru – 560 064.
(Respondent served & unrepresented) … Petitioner … Respondent This Civil Petition is filed under Section 24 of Code of Civil Procedure, praying to withdraw M.C. No.2640/2018 pending on the file of II Additional Principal Judge, Family Court at Bengaluru and transfer the same to Principal Senior Civil Judge and JMFC at Holalkere, by allowing this petition, in the interest of justice and equity.
This Petition coming on for Admission this day, the Court made the following:-
ORDER Sri. R. Shashidhara, learned counsel for the petitioner.
None for the respondent.
2. This petition under Section 24 of the Code of Civil Procedure, 1908, has been filed by the wife seeking transfer of the proceedings instituted by the respondent under Section 13 of the Hindu Marriage Act, 1955 from Bengaluru to Holalkere. From the pleadings, it is evident that the petitioner-wife is the resident of Holalkere and has instituted the proceedings under Section 9 of the Hindu Marriage Act, 1955, which is pending on the file of Principal Senior Civil Judge and JMFC, Holalkere. Therefore, in order to avoid the possibility of conflicting judgments, there is need to transfer the proceedings.
3. Learned counsel for the petitioner submitted that the petitioner is required to take care of her daughter, who is aged about 6 years.
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 the facts and circumstances of the case, I deem it appropriate to direct transfer of the proceedings instituted by the respondent from Bengaluru to Holalkere.
6. Accordingly, it is directed that the proceeding instituted by the respondent under Section 13 of Act in M.C.No.2640/2018 which is pending before II Additional Principal Judge, Family Court, Bengaluru, shall stand transferred to the Court of competent jurisdiction at Holalkere. The Court at Holalkere 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 disposed of.
Sd/- JUDGE dn/-