IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF OCTOBER, 2017 BEFORE THE HON’BLE Mr. JUSTICE ARAVIND KUMAR CIVIL PETITION No.74/2016 BETWEEN:
SMT. USHA MOHITE W/O SUDHAKAR RAO SHENDKE AGED ABOUT 32 YEARS R/AT NO.150, NAGAR ROAD MANDAGATTA VILLAGE AND POST, SHIVAMOGGA-577 201.
... PETITIONER (BY SRI SANDESH KUMAR M, ADVOCATE) AND:
SRI SUDHAKAR RAO SHENDKE S/O RUDROJI RAO SHENDKE AGED ABOUT 42 YEARS R/AT NO.76/2, RANGARAO ROAD SHANKARPURAM BANGALORE-560 004.
(BY SMT. JAMUNA BAI, ADVOCATE) ...RESPONDENT THIS PETITION IS FILED UNDER SECTTION 24 OF CPC PRAYING TO TRANSFER M.C.NO.3250/2015 FILED BY THE RESPONDENT PENDING BEFORE III ADDL. PRINCIPAL JUDGE, FAMILY COURT AT BENGALURU TO THE FAMILY COURT AT SHIVAMOGGA AND TO PASS ANY SUCH OTHER ORDER DEEMED FIT UNDER 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:
O R D E R Heard Sri.Sandesh Kumar, learned counsel appearing for petitioner and Smt.Jamuna Bai, learned counsel appearing for respondent. Perused the records.
2. Petitioner is seeking for transfer of M.C.No.3250/2015 pending on the file of 3rd Additional Principal Judge, Family Court, Bengaluru to the Family Court at Shivamogga.
3. Brief facts of the case are that marriage between petitioner and respondent came to be solemnized on 06.05.2013 and on account of certain disputes having arisen between them, petitioner has been residing at her parents house at Shivamogga. On 22.07.2015, respondent herein has filed a petition under Section 13(1)(ia) and (ib) of the Hindu Marriage Act, 1955 against the petitioner for grant of divorce, which proceedings are pending on the file of Principal Judge, Family Court, Bengaluru and same is sought for being transferred to Family Court, Shivamogga.
4. It is the contention of learned counsel appearing for petitioner that petitioner is a permanent resident of Mandagatta Village, Shivamogga District and on account of practical difficulty as well as on account of financial difficulty, she would not be able to attend the Court proceedings at Bengaluru and she is not having any financial resources even to sustain herself and as such, she has sought for transfer of said proceedings from Bengaluru to Shivamogga.
5. Per contra, Smt.Jamuna Bai, learned counsel appearing for the respondent would submit that marriage between parties came to be solemnized at Bengaluru and on account of respondent working in a private jewellery shop, he would not be able to get leave to attend Court proceedings at Shivamogga if it is transferred to said Court and respondent’s financial condition is also not comfortable and as such, she prays for rejection of the petition.
6. Having heard the learned counsel appearing for both sides and having perused the records, this Court is of the considered view that balance has to be struck between the two claims of inconvenience faced by both parties. If the proceedings are allowed to continue at Bengaluru, petitioner who is a resident of Shivamogga would have to necessarily travel overnight and on account of her financial difficulty, she would not be able to stay independently either in a hotel or in a lodge, after arriving at Bengaluru in the early hours. That apart, she would have to stay for the whole day at Bengaluru during the pendency of the proceedings and again, she has to return to Shivamogga, her native place by undertaking yet again overnight journey. Thus, the financial and physical hardship pleaded by the petitioner-wife merits acceptance.
7. In so far as respondent-husband is concerned, he is working in a private jewellery firm undisputedly at Bangalore and in the event of proceedings is transferred to Shivamogga he will have to undertake overnight journey, as and when his presence is required at Family Court, Shivamogga. The comparative hardship which the respondent may face as against the hardship that petitioner may face would be much less in the comparative scale of hardship. No doubt, respondent would also be put to some hardship. However, as against the hardship that petitioner may suffer, it would be less. In that view of the matter, this Court is of the considered view that prayer sought for by the petitioner deserves to be accorded. However, the apprehension of the respondent that the petitioner is likely to protract or drag on the proceedings at Shivamogga can be allayed by directing the jurisdictional Family Court at Shivamogga to dispose of the proceedings in a time bound manner.
Hence, I proceed to pass the following:
ORDER (i) Civil Petition is hereby allowed.
(ii) Petition pending in M.C.No.3250/ 2015 on the file of III Additional Principal Judge, Family Court, Bengaluru is hereby withdrawn and is transferred to Family Court at Shivamogga for being disposed of on merits and in accordance with law.
(iii) Transferee Family Court, Shivamogga shall expeditiously dispose of said petition expeditiously at any rate within nine months from the date of appearance of the parties, which is fixed as 16.10.2017 without waiting for any further notice.
(iv) It is also made clear that Family Court at Shivamogga shall not insist for the presence of the respondent on all the dates of hearing except when required.
(v) Both parties to co-operate with the Trial Court for disposal of the matter on merits within the time frame fixed and in the event of either party seeking for adjournment without any justifiable cause to the satisfaction of trial Court, it would be at liberty to regulate it proceedings by putting the parties to terms as it deems fit.
SD/- JUDGE dh