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.311 OF 2016 BETWEEN:
Smt.Urvashi, W/o.Vijaya Ramesh Varnekar, Aged about 30 years, R/o. Flat No.306, 1st Stage, ‘O’ Block, Platinum City Apartment, HMT Road, Yashwanthpura, Bengaluru-560 022. … Petitioner (By Sri. Vishwajith Rai.M, Advocate) AND:
Sri. Vijaya Ramesh Varnekar, S/o. Ramesh Varnekar, Aged about 35 years, Occ: Craftsman, R/at H.No.138/B, Hindawadi Society Marg, Near Union Bank, Belgaum-590011. … Respondent (By Sri.S.B.Halli, Advocate) - - -
This Civil Petition is filed under Section 24 of CPC, praying to transfer the Matrimonial case in MC No.176/2016 filed by the respondent before the Family Court, Belgaum for decree of Restitution of Conjugal Rights Under Section 9 of Hindu Marriage Act, to the Family Court in Bengaluru in the interest of justice and equity.
This Civil Petition coming on for Admission, this day, the Court made the following:-
ORDER Sri. Vishwajith Rai M, learned counsel for the petitioner.
Sri. S.B. Halli, 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, seeks transfer of proceeding instituted by the respondent under Section 9 of the Hindu Marriage Act, 1955 before the Family Court at Belgaum, to the Family Court at Bengaluru.
4. When the matter was taken up today, learned counsel for the petitioner submitted that the distance between Belgaum and Bengaluru approximately is 600 Kms. and it takes 12 hours to reach Belgaum from Bengaluru. It is further submitted that in matrimonial cases, convenience of the wife is to be seen and therefore, the proceeding be transferred to the Court at Bengaluru.
5. On the other hand, learned counsel for the respondent has opposed the prayer and submitted that the respondent is paying the maintenance of Rs.10,000/- per month to the petitioner and the petitioner is in a position to travel to Belgaum.
6. I have considered the submissions made by learned counsel for the parties and have perused the records.
7. 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. In view of the aforesaid decision of the Supreme Court and taking into account the fact that the distance between Belgaum and Bengaluru, which is admittedly is 600 Kms., it is directed that the proceedings instituted by the respondent under Section 9 of the Hindu Marriage Act, 1955, in M.C.No.176/2016 which is pending before the Family Court at Belgaum, shall stand transferred to the Court of competent jurisdiction at Bengaluru.
8. Accordingly, this petition is disposed of.
Cs/- ct:rg Sd/-
JUDGE