IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25th DAY OF JANUARY, 2019 BEFORE THE HON'BLE MR.JUSTICE ASHOK G. NIJAGANNAVAR CIVIL PETITION NO.336 OF 2018 BETWEEN:
Smt. Uma Krishna Kumar D/o Sri K.Krishna Kumar, Aged about 26 years, 3rd Cross, Rameshwaranagar, Chikkamagaluru. …Petitioner (By Sri Vinod Gowda, Advocate) AND:
Sri.K.H.Arun Kumar, S/o Sri K.Harinath, Aged about 34 year, Old No.6/18E, New No.11/2, 9th Cross, 6th Block, Rajajinagar, Bengaluru-560010. ...Respondent (By Sri P.Muthanna, Advocate) **** This civil petition is filed under section 24 of cpc, praying this Hon’ble court to withdraw MC. No.5351 of 2018 on the file of III Additional Principal Judge, Family Court, Bengaluru and transfer the same to Family Court, Chikkamagaluru for adjudication, in the interest of justice and equity and etc.
This petition coming on for Admission this day, the court made the following:
ORDER Though the Civil Petition is listed for admission, with consent of learned counsel for petitioner and respondent, the matter is heard finally on merits.
2. The petitioner is the wife while the respondent is the husband. They were married on 11.3.2016. On account of certain matrimonial disputes and conflicts, respondent-husband has filed petition under Section 13(1)(i-a) of Hindu Marriage Act, 1955 for divorce and dissolution of marriage against the petitioner which is numbered as M.C.No.5351/2018 and pending before the III Additional Principal Judge, Family Court, Bengaluru. The petitioner-wife herein who is the respondent in M.C.No.5351/2018 has filed the Civil Petition for maintenance.
3. It is stated that the distance between Chickmagalur and Bengaluru is more than 250 Kms. The petitioner-wife being a household lady and having a one year old small kid is residing in her parents house at Chickmagalur. As such, she is unable to attend the Court proceedings at Bengaluru due to financial difficulty and other problems. The respondent-husband can afford to go to Chickmagalur to attend the Court proceedings.
4. Having heard the learned counsel for petitioner and respondent, the only question for consideration is whether the case filed by the respondent-husband in M.C.No.5351/2018 under Section 13(1) (i-a) of Hindu Marriage Act, 1955 requires to be transferred to Family Court, Chickmagalur.
In the case of M.V. Rekha v/s. Sathya Alias Suraj reported in 2011 (2) Kar.L.J. 643, the Court has held thus:
“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.”
5. In the instant case, the petitioner-wife is residing at Chickmagalur along with her small kid at her parents house. The said fact is not denied or disputed by the respondent. If M.C.No.5351/2018 is transferred to Family Court, Chickmagalur, the petitioner-wife can effectively participate in the proceedings.
6. Under these circumstances, Civil Petition is allowed. Accordingly, the following:
ORDER (i) M.C. No.5351/2018 pending before the III Additional Family Court, Bengaluru is ordered to be transferred to Family Court, Chickmagalur.
(ii) Both the parties are directed to appear before the Family Court, Chickmagaluru on 23.02.2019.
Sd/- JUDGE SSD