Karnataka High Court
Swetha vs Sailas on 3 September, 2025
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
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NC: 2025:KHC-K:5114
CP No. 200050 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 3RD DAY OF SEPTEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CIVIL PETITION NO.200050 OF 2025 (RES)
BETWEEN:
SWETHA W/O SAILAS HOSAMARU,
(D/O MARUTI MADABOOL)
AGE: 24 YEARS, OCC: HOUSEHOLD,
R/O: BOPAL TEGANOOR,
TQ: AND DIST; KALABURAGI - 585 102.
...PETITIONER
(BY SRI BASAVARAJ R.MATH AND
SMT. VIJAYALAXMI, ADVOCATES)
AND:
SAILAS S/O DEVINDRA HOSAMANI,
AGE; 26 YEARS, OCC: COOLIE WORK,
R/O: H.NO.1/50, INDIRA NAGAR,
Digitally signed VIC HUMNABAD, TQ: HUMNABAD,
by DIST: BIDAR - 585 330.
KHAJAAMEEN
MALAGHAN ...RESPONDENT
Location: HIGH
COURT OF (BY SRI TULASIRAM, ADVOCATE)
KARNATAKA
THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF
THE CPC, PRAYING TO TRANSFER THE M.C.NO.40/2024,
WHICH IS PENDING ON THE FILE OF SENIOR CIVIL JUDGE AND
JMFC, HUMNABAD FILED BY THE RESPONDENT TO FAMILY
COURT, KALABURAGI, IN THE INTEREST OF JUSTICE AND
EQUITY.
THIS CIVIL PETITION, COMING ON FOR ADMISSION,
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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NC: 2025:KHC-K:5114
CP No. 200050 of 2025
HC-KAR
CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR
AMARANNAVAR
ORAL ORDER
This petition is filed by the petitioner / wife under Section 24 of CPC seeking transfer of M.C.No.40/2024 pending on the file of the Senior Civil Judge and JMFC, Humnabad to Family Court, Kalaburagi.
02. Heard learned counsel for the petitioner. Learned counsel for the respondent is absent.
03. Respondent has filed matrimonial case against the petitioner in M.C.No.40/2024 under Section 9 of the Hindu Marriage Act, 1955 seeking restitution of conjugal rights and it is pending on the file of the Senior Civil Judge and JMFC, Humnabad. The petitioner / wife sought transfer of the said matrimonial case on the ground that she is residing in Bopal Teganoor village in Tq: and Dist:
Kalaburagi which is at the distance of 85 kms. from Humnabad and it is inconvenient for her to travel the said district and she is not having any avocation. -3-
NC: 2025:KHC-K:5114 CP No. 200050 of 2025 HC-KAR
04. On perusal of the cause title of the petition in M.C.No.40/2024, the residence of the petitioner / wife is shown as Bopal Teganoor village in Tq: and Dist:
Kalaburagi. Even the occupation of the petitioner / wife as shown in the said cause title is household work.
05. Considering the above aspect, the petitioner traveling from her village to Humnabad, covering the distance about 85 kms will cause inconvenience to her.
06. The Hon'ble Supreme Court in the case of N.C.V. Aishwarya vs. A. S. Saravana Karthik Sha, reported in AIR 2022 SC 4318, has held 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 maters, wherever Courts are called upon to consider the plea of transfer, the -4- NC: 2025:KHC-K:5114 CP No. 200050 of 2025 HC-KAR 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 wife's convenience which must be looked at while considering transfer."
07. In view of the above, it is convenience of the wife which is to be looked at while considering the transfer. In the case on hand, if the case is not transferred as sought for, it will cause inconvenience to the petitioner. Hence, the petitioner has made out case for transfer as sought for. In the result, the following; -5-
NC: 2025:KHC-K:5114 CP No. 200050 of 2025 HC-KAR ORDER I. The petition is allowed.
II. M.C.No.40/2024 pending on the file of the Senior Civil Judge and JMFC, Humnabad is ordered to be withdrawn and transferred to the Family Court, Kalaburagi for disposal in accordance with law.
Sd/-
(SHIVASHANKAR AMARANNAVAR) JUDGE KJJ List No.: 1 Sl No.: 38 Ct;Vk