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.327 OF 2016 BETWEEN:
Smt.N.Sunitha @ Shyla, D/o. Nandi Basappa, W/o.S.Shambhulingappa, Aged about 29 years, Occ: House Wife, R/o. Attigere Village, Taluk & District Davanagare-577 004. … Petitioner (By Sri. Jagadeeshgoud Patil, Advocate) AND:
Sri. S. Shambhulingappa, Aged about 36 years, Occ: Private Employee, R/o. Chikkajajur Village, B.Durga Hobli, Holalkere Taluk, Chitradurga District-577 526. … Respondent (Respondent served and unrepresented) - - -
This Civil Petition is filed under Section 24 of the Code of Civil Procedure, 1908 praying to transfer the case filed by the respondent in M.C.No.56/2016 on the file of the learned Senior Civil Judge Court at Holalkere, Chitradurga District to any jurisdictional Court at Davanagere, and etc.
This Civil Petition coming on for Admission, this day, the Court made the following:-
ORDER Sri. Jagadeeshgoud Patil, learned counsel for the petitioner.
None appears for the respondent.
2. In this petition filed under Section 24 of the Civil Procedure Code, 1908, the petitioner/wife, seeks transfer of proceeding instituted by the respondent under Section 13 of the Hindu Marriage Act, 1955 before the Court of Senior Civil Judge at Holalkere, Chitradurga, to any Court at Davanagere.
3. When the matter was taken up today, learned counsel for the petitioner submitted that the petitioner visited Holalkere to attend the proceeding and she was assaulted by the respondent and therefore, she has filed a criminal case against the respondent. The petitioner has instituted proceeding under Section 498A of IPC and under the provisions of Domestic Violence Act, which are pending at the Court at Davanagere and the respondent has already entered appearance in the said proceedings.
4. I have considered the submissions made by learned counsel for the petitioner 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.
5. In view of the aforesaid decision of the Supreme Court and taking into account the fact that the petitioner was assaulted by the respondent when she went to Holalkere to attend the proceeding and that criminal case have been filed against the respondent at Davanagere, it is directed that the proceeding instituted by the respondent under Section 13 of the Hindu Marriage Act, 1955, in M.C.No.56/2016 which is pending before the Court of Senior Civil Judge, Holalkere, Chitradurga, shall stand transferred to the Court of competent jurisdiction at Davanagere.
6. Accordingly, this petition is disposed of.
Sd/- JUDGE CS/-
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