IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF FEBRUARY, 2019 BEFORE THE HON'BLE MR.JUSTICE ASHOK G. NIJAGANNAVAR CIVIL PETITION NO.153 OF 2018 C/W CIVIL PETITION NO.292 OF 2018 IN C.P. NO.153 OF 2018 BETWEEN:
MRS.JOYCE HANNA, AGED ABOUT 30 YEARS, W/O MR.JAMES PRAJWAL, D/O BALAWANT MALAGI, R/AT CSI CHURCH COMPOUND, CHRUCH ROAD, RANEBENNUR – 581115. …PETITIONER (BY SRI.BASAVARAJ S SAPPANNAVAR, ADVOCATE) AND:
MR.JAMES PRAJWAL, AGED ABOUT 31 YEARS, S/O SRI.JOHN SOWJANYA, R/AT NO.120, OLD POST OFFICE BUILDING, OLD POST OFFICE ROAD, RAMAMURTHYNAGAR, BENGALURU – 560016. ...RESPONDENT (BY SRI.PRABHUGOUDA B TUMBIGI, ADVOCATE) THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CPC, PRAYING TO TRANSFER THE PETITION IN MC NO.4738/2017 FROM THE II ADDL. PRINCIPAL JUDGE, FAMILY COURT AT BENGALURU TO THE FAMILY COURT AT DAVANAGERE FOR DISPOSAL OF THE SAME IN ACCORDANCE WITH LAW IN THE INTEREST JUSTICE AND EQUITY.
IN C.P. NO.292 OF 2018 BETWEEN:
MR.JAMES PRAJWAL, AGED ABOUT 31 YEARS, S/O SRI.JOHN SOWJANYA, R/AT NO.120, OLD POST OFFICE BUILDING, OLD POST OFFICE ROAD, RAMAMURTHYNAGAR, BENGALURU – 560016. …PETITIONER (BY SRI.PRABHUGOUDA B TUMBIGI, ADVOCATE) AND:
MRS.JOYCE HANNA, AGED ABOUT 30 YEARS, W/O MR.JAMES PRAJWAL, D/O BALAWANT MALAGI, R/AT CSI CHURCH COMPOUND, CHRUCH ROAD, RANEBENNUR – 581115. ...RESPONDENT (BY SRI.BASAVARAJ S SAPPANNAVAR, ADVOCATE) THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CPC, PRAYING TO PASS NECESSARY ORDERS: (a) WITHDRAWING THE CRL.MISC.NO.275/2017 PENDING ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND JMFC, RANEBENNUR, HAVERI AND TRANSFER THE SAME TO BE TRIED BY HON’BLE II ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BENGALURU ALONG WITH M.C.NO.4738/2017, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC., THESE PETITIONS COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Though these matters are listed for admission, with the consent of the learned counsel for the petitioner and the respondent, the matters are heard on merits.
2. The petitioner in C.P. No.153/2018 is the wife who is the respondent in C.P. No.292/2018. The respondent in C.P. No.153/2018 is the husband who is petitioner in C.P. No.292/2018. The wife has sought for transfer of M.C. No.4738/2017 pending before the Principal Family Court at Bengaluru to the Family Court at Davanagere. The husband has sought for transfer of Criminal Miscellaneous Petition No.275/2017 pending before the learned JMFC at Ranebennur to the Family Court at Bengaluru.
3. It is an admitted fact that the parties in both the petitions were married on 24.05.2013 at Bengaluru. Thereafter for one year they led a happy marital life. Then the husband started picking up unnecessary quarrel with the wife, as such she was compelled to leave the job in a Private School at Bengaluru and stay in her parents house at Ranebennur. She has filed a petition for maintenance under Section 125 CPC which is numbered as Crl.Misc.P.No.275/2017 pending before the II Additional Senior Civil Judge and JMFC Court, Ranebennur. After filing of the said petition the husband has filed a M.C. Petition No.4738/2017 seeking dissolution of marriage which is pending before the Principal Family Court, Bengaluru.
4. The main grievance of both the parties is that there was no compatibility in the relationship, as a result of which a petition for seeking dissolution of marriage by the husband and a criminal miscellaneous petition for seeking maintenance were filed which are in two different Courts.
5. It is the case of the petitioner wife that she is residing in her parents house at Ranebennur and she do not have any income. The respondent is working in St. Johns High School at Bengaluru. In view of the admitted facts it is evident that the wife is not having any income and she is totally dependent on her parents for her livelihood. Thus her claim is that she is in a disadvantageous position and she is unable to attend the Court proceedings in Family Court at Bengaluru.
6. Per contra, the counsel for the respondent – husband submitted that the wife has left his company long back without any justification. It was the wife who deserted the husband. The petitioner is also a qualified educated lady and she can do the job and get sufficient income. As such, there are no valid grounds for transfer of M.C. Petition from Family Court, Bengaluru, to Davanagere. On the contrary, the husband who is the Music Teacher is required to be in the school regularly for everyday prayers. As such, he is finding it difficult to attend the Court proceedings in Ranebennur. As such, the said criminal miscellaneous petition requires to be transferred to Family Court, Bengaluru.
7. 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.
8. 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. Further, when two proceedings in different Courts which raise common question of fact and law and when the decisions are interdependent, it is desirable that they should be tried together by the same Judge so as to avoid multiplicity in trial of the same issues and conflict of decisions.”
9. It is an admitted fact that the husband has filed a M.C. petition which is pending before the Family Court at Bengaluru. The wife has filed a criminal miscellaneous petition which is pending before the II Additional Senior Civil Judge and JMFC, Ranebennur. Since the wife is not having any job or independent income and also it is the fact that she is residing in her parents house, thus comparatively the wife is in a disadvantageous position and she is finding it difficult to attend the Court proceedings in Family Court at Bengaluru. Under these circumstances, there are valid grounds to transfer these two petitions to the one and the same Court. When two proceedings in different Courts which raise a common question of fact and law and when the decisions are interdependent, it is desirable that they should be tried together by the same Judge, so as to avoid multiplicity in trial of the same issues and conflict of decisions.
10. In the circumstances, the civil petition No.153/2018 is allowed. M.C. Petition No.4738/2017 pending before the Principal Family Court at Bengaluru is ordered to be transferred to the Family Court at Davanagere and Criminal Miscellaneous Petition No.275/2017 pending before the II Additional Senior Civil Judge and JMFC at Ranebennur is ordered to be transferred to the Family Court at Davanagere and both the petitions shall be tried together.
11. The civil petition No.292/2018 is dismissed.
12. Registry is directed to communicate the order to the Family Court at Bengaluru and to the II Additional Senior Civil Judge and JMFC at Ranebennur, for the purpose of transmission of records.
Sd/- JUDGE ykl