Smt M T Krupa vs B K Madan on 2 March, 2016

[Cites 2, Cited by 0]

Karnataka High Court

Smt M T Krupa vs B K Madan on 2 March, 2016

Bench: S. Abdul Nazeer

                             1



  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 02ND DAY OF MARCH 2016

                         BEFORE

       THE HON'BLE MR.JUSTICE S. ABDUL NAZEER

               CIVIL PETITION NO.185 OF 2015

BETWEEN:

Smt.M.T.Krupa
W/o. B.K. Madan
Aged about 35 years
R/o.J.R.Amaze Flat
101, Khata No.15, Old Age Home Road
Horamavu, Bengaluru - 560 043.
                                           ... Petitioner
(By Sri.Aravind M.Neglur, Adv.)

AND:

B.K.Madan
S/o. Krishnamurthy
Aged about 37 years
UTC Aero Space Systems Cite
2, Netha Take Park, Flat No.40
EPIP Industrial Area, Sy.No.28
Kundalahalli village, K.R.Puram Hobli
Bengaluru - 56.

R/o. at J.R.Amaze Flat
101, Khata No.15, Old Age Home Road
Horamavu, Bengaluru - 560 043.
                                        ... Respondent

(By Sri.Vijay Kumar Prakash, Adv.)
                                  2



      This CP is filed under Section 24 of the CPC praying to
transfer the petitioner in MC No.17/2015 filed by
respondent herein under Section 13(1A)(iii) of Hindu
Marriage Act from the Court of Senior Civil Judge, JMFC,
Arasikere, to the Family Court, Bengaluru.

    This CP coming on for admission this day, the Court
made the following:

                            ORDER

The petitioner has filed this civil miscellaneous petition under Section 24 of the Code of Civil Procedure for transfer of MC No.17/2015 pending on the file of the Senior Civil Judge, JMFC, Arasikere to the Family Court, Bengaluru.

2. The petitioner was married to the respondent on 21.1.2007 at Arasikere. Two children were born to them and now they are aged about 6 and 8 years respectively. The children are admitted to schools at Bengaluru. The petitioner is residing at Bengaluru.

3. The respondent has filed MC No.17/2015 on the file of Senior Civil Judge, JMFC, Arasikere, for dissolution of the marriage on the ground of cruelty.

4. Learned counsel for the petitioner submits that the petitioner is not employed. She does not have any source of income. She is not in a position to travel to Arasikere to attend the case filed by the respondent.

5. Learned counsel for the respondent has opposed the petition for transfer of the case.

6. 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 proceedings. 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 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 4 to life. Generally, it is the wife's convenience which must be looked at while considering transfer.

7. In the instant case, as noticed above, the petitioner is not employed. She is residing at Bengaluru and her two children are admitted to schools in Bengaluru. The respondent is a Software Engineer working in multi-national company. In the circumstances, it is just and proper to transfer M.C. No.17/2015 pending on the file of the Senior Civil Judge, JMFC, Arasikere to the Family Court at Bengaluru.

8. In the result, civil petition succeeds and it is accordingly allowed. I direct the transfer of M.C.No.17/2015 pending on the file of the Senior Civil Judge, JMFC, Arasikere to the Family Court, Bengaluru. No costs.

Sd/-

JUDGE SA*

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