Karnataka High Court
Smt. Mamata W/O Gajanana Abade vs Sri. Gajanana S/O Samba Ambade on 31 July, 2021
Author: P.N.Desai
Bench: P.N.Desai
1
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 31st DAY OF JULY, 2021
BEFORE
THE HON'BLE MR. JUSTICE P.N.DESAI
CIVIL PETITION NO.100161/2018
Between
Smt. Mamata, W/o Gajanana Ambade,
Age: 35 years, Occ: Coolie,
R/o: Pansoli Village, Post: Varnoli,
Tq: Joida (U.K.)
Now at Flat No.1307, Garnet Block,
"My Home Jewel" Apartment,
Madinaguda, Rangareddy,
Dist: Hyderabad, Telangana State.
Now Lingasur, Raichur District.
PIN-584122. ...Petitioner
(By Sri. Venkatesh M.Kharvi, Advocate)
And
Sri Gajanana, S/o Samba Ambade,
Age: 42 years, Occ: Coolie,
R/o: Pansoli Village, Post: Virnoli,
Tq: Joida (U.K.)
Now at Flat No.1307, Garnet Block,
"My Home Jewel" Apartment,
Madinaguda, Rangareddy,
Dist: Hyderabad, Telangana State.
Native place of Haliyal, Uttar Kannada,
581329. ...Respondent
(Respondent - served)
2
This Civil Petition is filed under Section 24 of the Code of
Civil Procedure, 1908, praying to transfer the M.C.No.46/2018
pending on the file of Senior Civil Judge & Judicial Magistrate First
Class, Haliyal, to Principal Senior Civil Judge, Lingasur, Raichur
District, in the interest of justice and equity.
This Civil Petition coming on for Admission this day, the
court passed the following:
ORDER
This petition is filed seeking transfer of M.C. No.46/2018 from the Court of Senior Civil Judge, Haliyal, to the Court of Principal Senior Civil Judge, Lingasugur.
2. It is contended by the petitioner that her marriage with the respondent was solemnized on 20.02.2003 at Pansoli Village, Varnoli Post, Joida Taluk. After the marriage, they led a happy married life for few months at Belagavi and Hyderabad. It is contended that they have got two children from the marriage. It is also contended that the respondent is working as a Software Engineer at Hyderabad and is getting salary of Rs.1,50,000/- per month. There were frequent quarrels between them for silly reasons. It is further contended that petitioner, along with her two children is residing at the respondent's house because of reckless decision of the respondent. It is contended that since the respondent is not looking after the petitioner and the two children and neglected to maintain them, she filed a petition for 3 maintenance before the Court at Lingasugur. The respondent filed a petition in M.C. No.46/2018 seeking divorce at Senior Civil Judge Court, Haliyal. It is further contended that the appellant has no means of livelihood for herself and the two children; it is very difficult for her to travel from Lingasugur to Haliyal which is nearly 250 kms. and that too leaving two children. Hence, it is prayed to allow the petition.
3. The respondent, though served with the notice, has remained absent.
4. It is evident that the respondent is a B.E. graduate and is working as a Software Engineer. According to the petitioner, she is ill-treated and the respondent has neglected to take care and maintain the petitioner and the two children. It is evident that the distance between Lingasugur and Haliyal is nearly 250 kms. Admittedly, the petitioner has no source of income, she has to look after the two children and that she alone cannot travel from Lingasugur to Haliyal to attend the court proceedings at Haliyal. The respondent has not filed any objection to the petition.
5. The Hon'ble Supreme Court in the case of Sumita Singh Vs. Kumar Sanjay and another reported in AIR 2002 SC 4 396, held that in a case for transfer of matrimonial case, the convenience of wife has to be looked into. Therefore, keeping in view the contention of the petitioner that the respondent has not provided any maintenance to the petitioner and her children and also that the petitioner has no source of income and that she being a woman having two children to look after, cannot travel alone to attend the court proceedings at Haliyal, the petition deserves to be allowed. Hence, the following:
ORDER
i) The petition is allowed.
ii) The matrimonial case in M.C. No.46/2018 pending before the Court of Senior Civil Judge, Haliyal is withdrawn and the same is transferred to the Court of Principal Senior Civil Judge, Lingasugur, Raichur District, for being disposed of in accordance with law.
iii) No order as to costs.
iv) The office is directed to take necessary measures in this regard.
Sd/-
JUDGE Kms