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.220 OF 2016 BETWEEN:
Smt. Savitha S.K, W/o Sri.B.Raviprakash, D/o Sri. Kalleshappa, Aged about 35 years, Residing at No.44, C/o. Rajappa, Near Vidhya Jyothi School, Hongasandra, Begur Road, Bommanahalli, Bengaluru, South Taluk. … Petitioner (By Sri. Chinnappa Gowda D.G, Advocate) AND:
Sri. B. Raviprakash, S/o Sri. B.C.Basavaraju, Aged about 39 years, R/at Karadi Village, Karadi Post, Kibbanahalli Hobli, Tipatooru Taluk-572 114. … Respondent (By Sriyuths. M.N.Satya Raj & Chandrashekara, Advocates (Absent)) - - -
This Civil Petition is filed under Section 24 of CPC, praying to transfer M.C. No.29/2016 pending on the file of the Court of the Civil Judge (Senior Division) & JMFC at Tiptur to the V Additional Principal Family Court at Bengaluru and etc.
This Civil Petition coming on for Admission, this day, the Court made the following:-
ORDER Sri. Chinnappa Gowda, learned counsel for the petitioner.
None appears 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, seeks transfer of proceeding instituted by the respondent under Section 13 of the Hindu Marriage Act, 1955 before the Civil Judge (Senior Division) and JMFC, Tiptur, to the Family Court at Bengaluru.
4. When the matter was taken up today, learned counsel for the petitioner submitted that the petitioner is residing at Bengaluru and she has instituted a proceeding under Section 125 Cr.P.C. at Bengaluru in which the respondent has already entered appearance. Learned Counsel for the petitioner further submitted that the distance between Tiptur and Bengaluru approximately is 150 Kms. Learned counsel for the petitioner has also submitted that the petitioner is required to take care of her minor child, she is entirely depending on her parents and that, she has no source of income. Therefore, the proceeding instituted by the respondent be transferred to the Court at Bengaluru.
5. I have considered the submissions made by learned counsel for the petitioner. 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.
6. In view of the aforesaid decision of the Supreme Court and taking into account the fact that the petitioner is entirely dependent on her parents and she is required to take care of her minor child, it is directed that the proceedings instituted by the respondent under Section 13 of the Hindu Marriage Act, 1955, in M.C.No.29/2016 which is pending before Civil Judge (Senior Division) and JMFC, Tiptur, shall stand transferred to the Court of competent jurisdiction at Bengaluru.
7. Accordingly, this petition is disposed of.
Sd/- JUDGE CS/-
ct:rg