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.202 OF 2016 BETWEEN:
M.K.Sandyakumari W/o.B.J.Punith, Aged about 32 years, Residing at No.147, 2nd Cross, Near Byraveshwara School, Basavanagudi, Hebbal, Mysuru City & District. … Petitioner (By Sri. Veerabhadra Swamy.H.P, Advocate for Sri. Jagadeesh.C.M, Advocate) AND:
B.J.Punith S/o. B.G.Jagadish, Aged about 33 years, Residing at Patel Beedi, Bettadapura, Periyapatna Taluk, Mysuru District-571 126. … Respondent (By Sri.G.B.Manjunatha, Advocate) - - -
This Civil Petition is filed under Section 24 of CPC, praying to transfer the case M.C.No.60/2015 pending before the Senior Civil Judge & JMFC, Periyapatna to Family Judge Court at Mysuru, and etc..
This Civil Petition coming on for Admission, this day, the Court made the following:-
ORDER Sri. Veerabhadra Swamy H.P., learned counsel, for Sri Jagadeesh C.M., learned counsel for the petitioner.
Sri. G.B. Manjunatha, learned counsel for the respondent.
2. The Petition is admitted for hearing. With the consent of the parties, the same is heard finally.
3. In this petition filed under Section 24 of the Civil Procedure Code, 1908, the petitioner/wife, inter alia, seeks transfer of proceedings instituted by the respondent under Section 13 of the Hindu Marriage Act, 1955 before the Senior Civil Judge & JMFC, Periyapatna, to the Family Court at Mysuru.
4. Learned counsel for the petitioner submitted that the distance between Periyapatna and Mysuru is 80-100 Kms. The learned Counsel further submitted that the petitioner has to take care of her minor son, who is aged four years, and the petitioner has already instituted the proceedings under Section 498A of IPC as well as under the Domestic Violence Act at Mysuru, in which the respondent has already entered appearance. Therefore, the proceeding instituted by the respondent at Periyapatna be transferred to the Court at Mysuru.
5. On the other hand, learned counsel for the respondent has opposed the prayer and submitted that the criminal proceedings are instituted against the respondent in order to harass and victimize him. It is further submitted that the distance between Periyapatna and Mysuru is only 60 Kms. and the petitioner can travel to the Court at Periyapatna.
6. I have considered the submissions made by learned counsel for the parties and have perused the records. The Supreme Court in the case of Rajani Kishor Pardeshi Vs. Kishor Babulal Pardeshi [(2005) 12 SCC 237] has held that in a matrimonial dispute, convenience of the wife is of the paramount consideration.
7. In view of the aforesaid decision of the Supreme Court and taking into account the fact that the respondent has already entered appearance in the proceedings instituted by the petitioner at Mysuru, it is directed that the proceedings instituted by the respondent under Section 13 of the Hindu Marriage Act, 1955, in M.C.No.60/2015 which is pending before the Senior Civil Judge & JMFC, Periyapatna shall stand transferred to the Court of competent jurisdiction at Mysuru.
8. Accordingly, this petition is disposed of.
Sd/- JUDGE CS/-
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