Karnataka High Court
Smt. Jyotipriya P W/O. Paul Goodwin vs Paul Goodwin J S/O. M X James Philips on 29 October, 2018
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 29TH DAY OF OCTOBER, 2018
BEFORE
THE HON'BLE MR. JUSTICE B.A. PATIL
CP.No.100105/2015
BETWEEN
SMT. JYOTIPRIYA P. W/O. PAUL GOODWIN
AGE: 35 YEARS, OCC: HOUSEHOLD WORK
R/O. BHAGYAVILLA, BHAVAN NAGAR
KESHWAPUR, HUBBALLI-580023
... PETITIONER
(BY SRI.SHRIKANT T. PATIL, ADVOCATE)
AND
PAUL GOODWIN J.
S/O. M.X. JAMES PHILIPS
AGE: 41 YEARS, OCC: SERVICE
R/O. NA 387, BEL COLONY
JALAHALLI, BENGALURU.
... RESPONDENT
(BY SRI.HARSH DESAI : PRUTHVI K.S., ADVOCATE)
THIS CP IS FILED U/S.24 OF CPC., PRAYING THAT G
& W NO.159/2015, PENDING ON THE FILE OF III
ADDITIONAL PRINCIPAL JUDGE FAMILY COURT, AT
BENGALURU, BE TRANSFERRED TO FAMILY COURT, AT
HUBBALLI, WHEREIN M.C.NO.86/2015 IS PENDING FOR
DISPOSAL ACCORDING TO LAW, IN THE INTEREST OF
JUSTICE & EQUITY.
2
THIS PETITION COMING ON FOR ADMISSION, THIS
DAY, THE COURT, MADE THE FOLLOWING:
ORDER
The present petition has been filed by the petitioner-wife against the respondent-husband under Section 24 of CPC praying this Court to transfer G & W No.159/2015 pending on the file of III Additional Principal Judge, Family Court at Bengaluru to Family Court at Hubballi along with MC No.86/2015 pending for disposal according to Law.
2. I have heard the learned counsel for the petitioner and learned counsel for the respondent.
3. It is the contention of the petitioner-wife that petitioner and respondent are husband and wife and their marriage got solemnized on 21.01.2005 as per the Christian Rites and Customs and they have begotten one son and one daughter out of their wedlock. It is further submitted that the respondent is residing at Bengaluru at BEL Colony, Jalahalli and the marital 3 relations between the petitioner and respondent are not cordial and as such the petitioner has filed MC No.86/2015 before the Family Court at Hubli for divorce and the same is pending. It is further submitted that the respondent-husband has filed G & W No.159/2015 for custody of minor children before III Additional Principal Judge, Family Court, Bengaluru and as such she prays to transfer the G & W No.159/2015 pending on the file of III Additional Principal Judge at Family Court, Bengaluru to Hubballi Court.
4. After service of notice, respondent-husband appeared through his counsel and he has filed affidavit dated 27.02.2018. In the said affidavit it has been sworn in by the respondent that in the interest of the minor children and their welfare, respondent has no objection to transfer G & W No.159/2015 from III Additional Principal Judge, Family Court, Bengaluru to Family Court, Hubballi. Even the learned counsel for 4 the respondent-husband submits before this Court that he has also no objection to transfer the petition.
5. It is well established principal of law that the convenience of the wife has to be looked into while considering the application for transfer of the matrimonial case. This preposition of law has been laid down by the Hon'ble Supreme Court in the case of Sumita Singh Vs. Kumar Sanjay and Another reported in AIR 2002 SC
396.
6. Taking into consideration of the said facts and circumstances, I feel that in the interest of justice, it is just and necessary to transfer the said petition as prayed for in the light of the discussion held before me. Hence, I pass the following :-
ORDER G & W No.159/2015 before the III Additional Principal Judge, Family Court at Bengaluru is hereby transferred to 5 Family Court, Hubballi to try along with MC No.86/2015.
The Registry is directed to intimate the same to the concerned Court.
No fresh notice is necessary. The
learned counsel appearing for the
respondent-husband will be present on the date of hearing before the Family Court, Hubballi.
Sd/-
JUDGE HMB