Karnataka High Court
Meenaxi vs Satish on 21 December, 2018
Author: H.T.Narendra Prasad
Bench: H.T.Narendra Prasad
1
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 21ST DAY OF DECEMBER, 2018
BEFORE
THE HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD
CIVIL PETITION NO.200054/2018
BETWEEN:
Meenaxi W/o Satish Kadam
Age: 25 years, Occ: H.H.Work
R/o Bhavani Nagar, Torvi Road
Vijayapura
... Petitioner
(By Sri Basavaraj R. Math, Advocate)
AND:
Satish S/o Ramu Kadam
Age: 33 years, Occ: Pvt. Employee
R/o Sindagi, Tq.Sindagi
Dist. Vijayapura
In fact his original address is
Satish S/o Ramu Kadam
Occ: Senior Marketing Executive
Processaware Systems Pvt. Ltd.,
Software Company, No.33
Patalamma Temple Street
Basavanagudi, Bengaluru
... Respondent
(By Smt. Rekha M. Patil, Advocate
for Sri G.G.Chagashetti, Advocate)
2
This Civil Petition is filed under Section 24 of CPC,
praying to transfer the M.C.No.33/2016, which is pending
on the file of Senior Civil Judge & JMFC, Sindagi filed by the
respondent to Family Court, Vijayapura.
This petition coming on for admission this day, the
Court made the following:
ORDER
This petition is filed by the wife seeking for transfer of M.C.No.33/2016, which is pending on the file of Senior Civil Judge & JMFC, Sindagi, to Family Court, Vijayapura.
2. The brief facts of the case are that the petitioner is legally wedded wife of respondent herein. Their marriage solemnized on 03.05.2013, as per customs and rituals prevailing in Hindu religious at J.M.Marriage Hall, Shastri Nagar, Vijayapura. After the marriage petitioner went to lead marital life with respondent's house. Respondent has not interested to cohabitation with petitioner. Respondent and his family 3 members are giving mental torture and harass to the petitioner and abusing her with baseless allegations. He has left the petitioner at her parental home and he has not turned up. Since she has no other source of income to earn her livelihood, she has filed Criminal Miscellaneous No.718/2016 before the JMFC-I Court Vijayapur. The same is pending for consideration. In the meantime, the respondent-husband has filed divorce petition under Section 13(1)(A) of Hindu Marriage Act, in M.C.No.33/2016 on the file of Senior Civil Judge, Sindagi. Since the petitioner is resident of Vijayapur, staying with her age old parents. It is very difficult to attend the case in Sindagi. Hence, she has filed this civil petition to transfer the M.C.No.33/2016 to Family Court, Vijayapur.
3. Sri Basavaraj R. Math, learned counsel for the petitioner submits that the petitioner has filed petition under Section 12(1) of the Domestic Violence 4 Act, against the respondent in JMFC-I Court, Vijayapur in Criminal Miscellaneous No.718/2016, which is pending before the JMFC Court. In that case respondent is represented through his counsel and he is contesting the case. He further submitted that he is residing in Bangalore and he has filed case in Vijayapur just to harass the petitioner. The distance from Vijayapur to Sindagi only 50km, it will not cause any inconvenience to the respondent to attend the case in Vijayapur.
4. Per contra, learned counsel for the respondent Smt. Rekha M. Patil, submits that earlier respondent was working in Bangalore, now he is residing in Sindagi, hence, he has filed a case in Sindagi. She further submitted that even today the husband is ready to take back the wife. Hence, she prays for dismissal of petition.
5. Heard the learned counsel for the parties. 5
6. It is not in dispute that the petitioner is the legally wedded wife of respondent herein. Their marriage was solemnized on 03.05.2013 at J.M.Marriage Hall, Shastri Nagar, Vijayapur. The petition filed by the wife in Criminal Miscellaneous No.718/2016 is pending before the JMFC, Court Vijayapur. The respondent has contested the matter through his advocate. Even assuming that he is now residing in Sindagi, from Sindagi to Vijayapur is only 50km he can travel from Sindagi to Vijayapur for conducting his case and already there is a case, which is pending in Vijayaupr. Under these circumstances, if M.C.No.33/2016 is transferred to Vijayapur, it will not cause any inconvenience to the respondent.
7. The Hon'ble Apex Court in the case of Sumita Singh vs. Kumar Sanjay and another reported in AIR 2002 SC 396 clearly held that, "when transfer petition has been filed, the Court has to look 6 into the convenience of the wife in the matrimonial proceedings." Since the petitioner is residing with her old age parents, it is difficult to prosecute her case in Sindagi.
8. In view of the above, the civil petition is allowed. M.C.No.33/2016 pending on the file of Senior Civil Judge & JMFC, Sindagi, is transferred to the Family Court, Vijayapur. The Family Court is directed to proceed with the M.C.No.33/2016 in accordance with law.
Sd/-
JUDGE sdu