Karnataka High Court
Smt. Savita W/O Sanju Dhagate vs Sri. Sanju S/O Iranna Dhagate on 13 March, 2023
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CP No. 100190 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD
BENCH
DATED THIS THE 13TH DAY OF MARCH, 2023
BEFORE
THE HON'BLE MRS JUSTICE K.S.HEMALEKHA
CIVIL PETITION NO. 100190 OF 2022
BETWEEN:
SMT. SAVITA W/O SANJU DHAGATE
AGE. 22 YEARS,OCC. HOUSEHOLD,
R/O. VALMIKI ONI,VARUR,
TQ. HUBBALLI 581207.
...PETITIONER
(BY SRI. H N HANCHINAMANI & SMT. SUSHMA B NAIK .,ADVOCATES)
AND:
SRI. SANJU S/O IRANNA DHAGATE
AGE. 30 YEARS,OCC. PRIVATE SERVICE,
R/O. SHAILAPUR VILLAGE,
TQ. HUKKERI,
DIST. BELAGAVI 591309.
Digitally
signed by
ANNAPURNA
CHINNAPPA
ANNAPURNA DANDAGAL
CHINNAPPA
DANDAGAL Location:
HIGH
COURT OF
KARNATAKA
...RESPONDENT
DHARWAD
(BY SRI. SANTOSHGOUDA L LINGANAGOUDAR, ADVOCATE FOR
SRI.HARISH S MAIGUR.,ADVOCATES)
THIS CIVIL PETITION IS FILED U/SEC.24 OF CPC, 1908,
PRAYING TO PASS AN ORDER OF TRANSFERRING THE M.C. NO.
48/2022 PENDING ON THE FILE OF HONBLE SENIOR CIVIL JUDGE,
HUKKERI, DISTRICT BELAGAVI TO THE HONBLE PRINCIPAL JUDGE,
FAMILY COURT, HUBBALLI IN THE INTEREST OF JUSTICE AND EQUITY.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE
COURT MADE THE FOLLOWING:
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CP No. 100190 of 2022
ORDER
The Petitioner-wife is before this Court seeking to withdraw M.C.No.48/2022 pending on the file of the Hon'ble Senior Civil Judge, Hukkeri, Dist:Belagavi and transfer to the Principal Judge Family Court Hubballi.
2. It is not in dispute that the petitioner is the legally wedded wife of respondent and marriage was solemnized on 16.07.2021 as per the Hindu religion and customs and traditions. Due to un-cordial relation between the petitioner and the respondent, they are living separately.
3. The petitioner filed private complaint against respondent for offences punishable under Section 324, 498A, 504 and 506 R/W Section 34 of IPC, before JMFC II Court Hubbaali and respondent had filed M.C No.48/2022 on the file of the Hon'ble Senior Civil Judge, Hukkeri, Dist:Belagavi seeking for divorce under Section 13(1)(ia) of the Hindu Marriage Act, 1955.
4. Heard learned counsel appearing for petitioner and learned counsel appearing for respondent. -3- CP No. 100190 of 2022
5. Even before filing of M.C.No.48/2022 before Hon'ble Senior Civil Judge, Hukkeri, Dist:Belagavi, seeking for divorce under Section 13(1)(ia) of the Hindu Marriage Act, 1955, the petitioner had already filed criminal Misc.No.152/2022 for seeking maintenance before the Principal Judge Family court, Hubballi. Petitioner is now residing at Varur village, Hubballi taluk. The distance between Hubballi and Belagavi is nearly 160 K.Ms and petitioner being lady she enable to travel all the way to attend the Court proceedings at Belagavi. The inconvenience of wife needs to considered while, considering the petition under Section 24 of CPC.
6. On perusal of the material on record would reveal that already criminal miscellaneous is pending consideration before the Family Court Hubballi, and respondent-husband has appeared and filed his objections.
7. Section 24 of the Code of Civil Procedure Code enables the Court to transfer any suit, appeal or any proceedings pending before it for trial or disposal, to any -4- CP No. 100190 of 2022 Court subordinate to it and competent to try or dispose of the same.
8. The Apex court in catena of judgment in line has held that the convenience of the wife is to be considered while transferring the petition. The Apex Court in case of N.C.V. AISHWARYA VS. A.S.SARAVANA KARTHIK SHA IN CIVIL APPEAL NO.4894 OF 2022 has held that at para No.9 which reads as under:
"9. The cardinal principle for exercise of power under Section 24 of the Code of Civil Procedure is that the ends of justice should 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 both the parties, the social strata of the spouses and their behavioural pattern, their standard of life prior to the marriage and subsequent thereto and the circumstances of both the parties in eking out their livelihood and under whose protective umbrella they are seeking their sustenance to life. Given the prevailing socio- economic paradigm in the Indian society, generally, it is the -5- CP No. 100190 of 2022 wife's convenience which must be looked at while considering transfer."
9. In light of the reasons stated supra the petition filed by the wife under Section 24 needs to be allowed. Accordingly, this Court pass the following:
ORDER
a) The Civil petition is allowed.
b) The M.C.No.48/2022 pending on the file of the Hon'ble Senior Civil Judge, Hukkeri, Dist:Belagavi, is withdrawn and transferred to the Principal Judge Family Court Hubballi.
c) The Principal Judge Family Court, Hubballi, to assign it to appropriate Court.
Accordingly, civil petition stands disposed of.
(Sd/-) JUDGE AC List No.: 1 Sl No.: 11