IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE ASHOK G.NIJAGANNAVAR C.P. No.359/2018 BETWEEN VANITHA, W/O PRAMUKH A, AGED ABOUT 28 YEARS, R/A NO.26, 2ND STAGE, 3RD CROSS, 20TH MAIN ‘A’ BLOCK, J.P. NAGAR, MYSORE – 570 008 (By SRI VIKAS.M., ADVOCATE) .. PETITIONER AND PRAMUKH.A.
AGED ABOUT 33 YEARS, R/O A-5, NO.43/44, LEELA APARTMENTS, 1ST FLOOR, 6TH CROSS, ASHRAM COLONY, SANJAY NAGAR, RMV 2ND STAGE, BENGALURU – 560 094 .. RESPONDENT (BY SRI R.SUBRAMANYAM, ADVOCATE) *** THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF THE CODE OF CIVIL PROCEDURE, PRAYING TO TRANSFER THE PETITION IN MC NO.1913/2018, ON THE FILE OF THE II ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BENGALURU TO FAMILY COURT AT MYSORE FOR ADJUDICATION.
THIS CIVIL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT PASSED THE FOLLOWING: -
ORDER Though this civil petition is listed for admission, with the consent of learned counsel for the petitioner and the respondent the matter is heard on merits.
2. This petition is filed under Section 24 of CPC for transfer of MC No.1913/2018 on the file of II Additional Principal Judge, Family Court, Bengaluru, to the Family Court, Mysuru.
3. The petitioner is the wife while the respondent is the husband and they were married on 09.02.2014 at Mysuru. On account of certain matrimonial disputes and other complications between the couple, the husband/respondent has filed a petition under Section 13(1)(i)(a) of the Hindu Marriage Act, 1955, before the II Additional Principal Judge, Family Court, Bengaluru, for dissolution of marriage which is numbered as M.C. No.1913/2018.
4. It is the case of the petitioner that she is residing at Mysuru in her parent’s house. She has no avocation, and does not have any income. On account of financial difficulties, she is unable to attend Court proceedings in the Family Court at Bengaluru. As, her husband has got sufficient income, he can attend the Court proceedings at Mysuru. In the event of transfer of the M.C. No.1913/2018 pending before the II Additional Principal Judge, Family Court, Bengaluru, to Mysuru she can conveniently attend the Court proceedings.
5. Per contra, learned counsel for the respondent- husband strenuously contended that the petitioner has deliberately sought for transfer of case from Bengaluru to Mysuru, with an intention to harass him. The relatives of the petitioner are in the police department at Mysuru and hence, there is likelihood of harassment by the said officials.
6. In view of the rival contentions made by the learned counsel on both sides, the following question that arises for consideration:
“Whether there are valid grounds to transfer of M.C. Petition No.1913/2018 from Family Court at Bengaluru to Mysuru?”.
7. It is an admitted fact that petitioner is staying in her parent’s house at Mysuru and she does not have any avocation for her livelihood. At this stage, no documents are forthcoming to show that she has got sufficient income of her own to travel from Mysuru to Bengaluru to attend the Court proceedings. The only grievance of the respondent is that there is a possibility of threat by the relatives of the petitioner, who are working in Police department. But, such apprehension is not substantiated by placing cogent evidence.
8. Section 24 of the Code of Civil Procedure provides for the general power of transfer and withdrawal of the suits, appeal or other proceedings. The relevant provision is sub-section (1)(b) of Section 24, which is as under:
“24. General power of transfer and withdrawal.-
(1) On the application of any of the parties and after notice to the parties and after hearing such of them as desired to be heard, or of its own motion, without such notice, the High Court or the District Court may, at any stage,— (a) ….
(b) withdraw any suit, appeal or other proceeding pending in any court subordinate to it; and (i) try to dispose of the same: or (ii) transfer the same for trial or disposal to any court subordinate to it and competent to try or dispose of the same; or (iii) re-transfer the same for trial or disposal to the court from which it was withdrawn.
9. In the case of M.V. Rekha v/s. Sathya Alias Suraj reported in 2011 (2) Kar.L.J. 643, it is held as under:
“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.”
10. Since, the wife, who has no permanent avocation and income of her own, staying in her parents house at Mysure, she will be put to inconvenience to attend the Court proceedings at Bengaluru. In view of the submission of the counsel and the grounds urged in the petition, there are valid grounds to grant the relief claimed in this petition.
In the circumstances, the Civil Petition is allowed. M.C. No. 1913/2018, pending on the file of II Additional Principal Judge, Family Court Bengaluru is ordered to be transferred to Family Court, Mysuru for adjudication.
The Registry is directed to issue intimation to the concerned Family Court at Mysuru and forward the copy of this Order to the II Additional Principal Judge, Family Court at Bengaluru for the purpose of transmission of records to Family Court at Mysuru.
Sd/- JUDGE VR