IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 08TH DAY OF JANUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE CIVIL PETITION NO.317 OF 2018 BETWEEN:
Smt. Hamsavani .P W/o G. Ranganatha, D/o Parameswaraiah, Aged about 33 years, Residing at Inahalli Village, Ambalagere Post, Hiriyur Taluk, Chitradurga District – 577 545. (By Sri. B. Thyagaraja, Advocate) AND:
Sri. G. Ranganatha S/o Golumallappa, Aged about 33 years, R/at No.E-292, Gruhalakshmi Layout, Nelagadaranahalli Village, Nagasandra Post, Bengaluru – 560 073.
… Petitioner … Respondent (By Sri. Harsha Kumar Gowda H.R., Advocate) This Civil Petition is filed under Section 24 of Code of Civil Procedure, praying to withdraw M.C. No.3800/2018 pending before the IV Additional Principal Judge, Family Court at Bengaluru produced at Annexure-A and transfer the same to the Senior Civil Judge at Hiriyur, Chitradurga District and pass such other orders that this Hon’ble Court deems fit to grant in the facts and circumstances of the case in the interest of justice and equity.
This Petition coming on for Admission this day, the Court made the following:-
ORDER The petition is admitted for hearing. With the consent of both the parties, the same is heard finally.
2. In this petition filed under Section 24 of Civil Procedure Code, the petitioner inter-alia seeks for a direction to transfer the proceedings initiated by respondent under Section 13 of the Hindu Marriage Act, 1955 filed before the IV Additional Principal Judge, Family Court, Bengaluru to the Court of competent jurisdiction at Hiriyur, Chitradurga.
3. Learned counsel for the petitioner submits that the petitioner is a house wife and there is no one to accompany her to Bengaluru and the distance between the two places is 180 kms. Therefore, the proceedings initiated by the respondent be transferred to the Court of competent jurisdiction at Hiriyur, Chitradurga.
4. On the other hand, learned counsel for respondent has opposed the aforesaid prayer and submitted that the petitioner has not initiated any proceedings against the respondent at Hiriyur.
5. I have considered the submissions made by the parties. It is well settled in law that in a matter of transfer of matrimonial proceedings, the convenience of the wife is required to be seen as per the decision of the Hon’ble Supreme Court in the case of RAJANI KISHOR PARDESHI VS. KISHOR BABULAL PARADESHI in (2005) 12 SCC 237.
6. In view of the aforesaid enunciation of law by the Hon’ble Supreme Court and in the facts of the case and taking into account the fact that the petitioner is a house wife and there is no one to accompany her to Bengaluru and the distance between the two places is more than 180 Kms, this Civil Petition is allowed and the proceedings filed by the respondent under Section 13 of the Act, namely, M.C.No.3800/2018, pending in the Court of IV Additional Principal Judge, Family Court, Bengaluru is transferred to the Court of competent jurisdiction at Chitradurga.
Sd/- JUDGE dn/-