Karnataka High Court
Smt.M. Latha W/O Krishnareddy And vs Krishnareddy S/O Bheemareddy on 6 January, 2020
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 6TH DAY OF JANUARY 2020
BEFORE
THE HON'BLE MR. JUSTICE ASHOK S. KINAGI
C.P.NO.100150/2019
C/W
C.P.NOS.100151 AND 100152 OF 2019
IN C.P.NO.100150/2019
BETWEEN:
SMT.M.LATHA W/O KRISHNAREDDY AND D/O M.NAGARAJ,
AGE: 36 YEARS, OCC: HOUSEHOLD WORK,
R/O NEAR SHANKARLINGA TEMPLE, TORANAGAL VILLAGE,
SANDUR TALUK, BALLARI DISTRICT, NOW SHIFTED AND
RESIDING AT C/O M.MANJUNATHAREDDY, HOUSE NO.43/A,
WARD NO.25, BLOCK 29, BEHIND LITTLE FLOWERS SCHOOL,
RAMANJANAYA NAGAR, NEAR T.B.HOSPITAL,
BALLARI - 583104, KARNATAKA.
.. PETITIONER
(BY SRI.S.N.BANAKAR, ADV.)
AND:
KRISHNAREDDY S/O BHEEMAREDDY,
AGE: 38 YEARS, OCC: EMPLOYEE IN JSW AS ENGINEER,
SITE INCHARGE, SMS-2 DEPARTMENT,
R/O HOUSE NO.A3/3 S.G.COLONY, JSW QUARTERS,
TORANAGAL TOWNSHIP, SANDUR TALUK,
BALLARI DISTRICT - 583123.
.. RESPONDENT
(BY SRI.S.S.BETURMATH, ADV. FOR SRI.K.L.PATIL, ADV)
THIS PETITION IS FILED UNDER SECTION 24 OF CPC, PRAYING
THAT M.A.T.40/2018 PENDING ON THE FILE OF THE SENIOR CIVIL
2
JUDGE AND JMFC, KUDLIGI MAY KINDLY BE TRANSFERRED TO THE
COURT OF PRINCIPAL JUDGE, FAMILY COURT, BALLARI FOR
DISPOSAL IN ACCORDANCE WITH LAWBY ALLOWING THIS PETITION.
IN C.P.NO.100151/2019
BETWEEN:
SMT.M.LATHA W/O KRISHNAREDDY AND D/O M.NAGARAJ,
AGE: 36 YEARS, OCC: HOUSEHOLD WORK,
R/O NEAR SHANKARLINGA TEMPLE, TORANAGAL VILLAGE,
SANDUR TALUK, BALLARI DISTRICT, NOW SHIFTED AND
RESIDING AT C/O M.MANJUNATHAREDDY, HOUSE NO.43/A,
WARD NO.25, BLOCK 29, BEHIND LITTLE FLOWERS SCHOOL,
RAMANJANAYA NAGAR, NEAR T.B.HOSPITAL,
BALLARI - 583104, KARNATAKA.
.. PETITIONER
(BY SRI.S.N.BANAKAR, ADV.)
AND:
KRISHNAREDDY S/O BHEEMAREDDY,
AGE: 38 YEARS, OCC: EMPLOYEE IN JSW AS ENGINEER,
SITE INCHARGE, SMS-2 DEPARTMENT,
R/O HOUSE NO.A3/3 S.G.COLONY, JSW QUARTERS,
TORANAGAL TOWNSHIP, SANDUR TALUK,
BALLARI DISTRICT - 583123.
.. RESPONDENT
(BY SRI.S.S.BETURMATH, ADV. FOR SRI.K.L.PATIL, ADV)
THIS PETITION IS FILED UNDER SECTION 24 OF CPC, PRAYING
THAT M.A.T.69/2018 PENDING ON THE FILE OF THE SENIOR CIVIL
JUDGE AND JMFC, KUDLIGI MAY KINDLY BE TRANSFERRED TO THE
COURT OF PRINCIPAL JUDGE, FAMILY COURT, BALLARI FOR
DISPOSAL IN ACCORDANCE WITH LAWBY ALLOWING THIS PETITION.
3
IN C.P.NO.100152/2019
BETWEEN:
SMT.M.LATHA W/O KRISHNAREDDY AND D/O M.NAGARAJ,
AGE: 36 YEARS, OCC: HOUSEHOLD WORK,
R/O NEAR SHANKARLINGA TEMPLE, TORANAGAL VILLAGE,
SANDUR TALUK, BALLARI DISTRICT, NOW SHIFTED AND
RESIDING AT C/O M.MANJUNATHAREDDY, HOUSE NO.43/A,
WARD NO.25, BLOCK 29, BEHIND LITTLE FLOWERS SCHOOL,
RAMANJANAYA NAGAR, NEAR T.B.HOSPITAL,
BALLARI - 583104, KARNATAKA.
.. PETITIONER
(BY SRI.S.N.BANAKAR, ADV.)
AND:
KRISHNAREDDY S/O BHEEMAREDDY,
AGE: 38 YEARS, OCC: EMPLOYEE IN JSW AS ENGINEER,
SITE INCHARGE, SMS-2 DEPARTMENT,
R/O HOUSE NO.A3/3 S.G.COLONY, JSW QUARTERS,
TORANAGAL TOWNSHIP, SANDUR TALUK,
BALLARI DISTRICT - 583123.
.. RESPONDENT
(BY SRI.S.S.BETURMATH, ADV. FOR SRI.K.L.PATIL, ADV)
THIS PETITION IS FILED UNDER SECTION 24 OF CPC, PRAYING
THAT G & W.C.NO.27/2018 PENDING ON THE FILE OF THE SENIOR
CIVIL JUDGE AND JMFC, KUDLIGI MAY KINDLY BE TRANSFERRED TO
THE COURT OF PRINCIPAL JUDGE, FAMILY COURT, BALLARI FOR
DISPOSAL IN ACCORDANCE WITH LAWBY ALLOWING THIS PETITION.
THESE PETITIONS COMING ON FOR ADMISSION THIS DAY,
THE COURT MADE THE FOLLOWING:
4
ORDER
Though these petitions are listed for admission, with the consent of the learned counsel for the petitioner and respondent, heard on merits for final disposal.
2. The petitioner is a wife seeking transfer of M.A.T Nos.40 and 69 of 2018 and G & W.C.No.27/2018 pending on the file of the Senior Civil Judge and JMFC, Kudligi to be transferred to the Court of Principal Judge, Family Court, Ballari.
3. The petitioner is legally wedded wife of the respondent. Their marriage was solemnized on 01.05.2004 at Torangal Village, Sandur Taluk as per the Hindu marriage customs and rituals. After the marriage, the petitioner and respondent lived together and lead happy marital life for about one year. During the said period, the petitioner became pregnant and she went to the house of her parents at Torangal village. A male baby was born on 5 02.06.2005 named as Chi.Chetankrishna. After she came to the house of the respondent, the respondent started quarreling with the petitioner and his parents ill-treated the petitioner. The petitioner has filed a petition for restitution of conjugal rights which is registered as M.A.T.No.69/2018 before the Senior Civil Judge and JMFC, Kudligi. As a counter blast, the respondent filed divorce petition before the Senior Civil Judge and JMFC, Kudligi in M.A.T.No.40/2018. The petitioner has also filed a petition under Section 10 of the Guardian and Wards Act before the Principal District and Sessions Judge, Ballari which is registered as G & W.C.No.27/2018.
4. Heard the learned counsel for the parties.
5. The learned counsel for the petitioner-wife submits that the petitioner is residing at Ballari in her parents house and it will be inconvenience for the petitioner to appear before the Kudligi Court. The 6 difference between Ballari and Kudligi is about 180 kms and nobody is there to accompany the petitioner for attending the Court at Kudligi for defending the cases. As such, the petitioner sought for transfer of M.A.T.Nos.40 and 69 of 2018 and G & W.C.No.27/2018 to the Court of Principal Judge, Family Court, Ballari.
6. Per contra, the learned counsel for the respondent submits that there are no valid reasons to transfer the cases as prayed for. The petitioner has already filed Crl.Misc.No.280/2018 seeking maintenance before the JMFC Court at Sandur and did not seek for transfer of the said case to Ballary Court. He submitted that distance between Kudligi and Ballari is not 180 kms but it is approximately about 60-70 kms. He further submits that the petition filed by the petitioner is not maintainable before this Court and seeks dismissal of the petitions. 7
7. In view of the rival contentions, the points that arise for consideration are:
i) Whether there are valid grounds for transfer of M.A.T.Nos.40 and 69 of 2018 and G & W.C.No.27/2018 to the Court of Principal Judge, Family Court, Ballari?
ii) Whether this Court has got jurisdiction to transfer the cases filed within the territorial jurisdiction of the District Court?
8. As could be seen from the records, at present the petitioner is residing at Ballari in her parents house. As per Section 19(ii) of the Hindu Marriage Act, 1955, every petition shall be presented to the district court within the local limits of whose ordinary original civil jurisdiction, the respondent at the time of the presentation of the petition, resides. Presently, the petitioner is residing at Ballari and no hardship or injustice is caused to the respondent and the respondent can attend the Court at Bellari. On the 8 contrary, if the cases are not transferred, the petitioner will not be in a position to defend the cases properly and further nobody is there to accompany her to attend the cases at Kudligi. This Court in the case of M.V.Rekha Vs Sathya Alias Suraj reported in 2011 (2) Kar.L.J. 643, it is held as under:
"15. The cardinal principal 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 proceeding. In matrimonial matters, wherever Courts are called upon to consider the plea of transfer, the Court have to take into consideration the economic soundness of either of the parties, the social strata of the spouses and behavioural pattern, their standard of life antecedent to marriage and subsequent thereon and the circumstances of either of the parties in eking out their sustenance to life. Generally, it is the wifes convenience which must be looked at while considering transfer. Further, when two proceedings in different Courts which raise common question of fact and law and when the decisions are interdependent, it is desirable that they should be tried together by the same Judge so as to avoid multiplicity in trial of the same issues and conflict of decisions."
9. In view of the above citation, the petition to be presented where wife residing. In view of the above, point No.1 is answered in favour of the petitioner. 9
10. Insofar as point No.2 is concerned, Section 24 of the Code of Civil Procedure provides for general power of transfer and withdrawal of the suits. Sub Section (1)(b) of Section 24 of CPC reads as under:
"24.General power of transfer and withdrawal. (1) On the application of any of the parties and after notice to the parties and after hearing such of them as desired to be heard, or of its own motion, without such notice, the High Court or the District Court may, at any stage, (a) ....... (b) withdraw any suit, appeal or other proceeding pending in any Court subordinate to it; and
(i) try to dispose of the same: or
(ii) transfer the same for trial or disposal to any Court subordinate to it and competent to try or dispose of the same; or
(iii) re-transfer the same for trial or disposal to the Court from which it was withdrawn."
11. Section 24 of CPC confers power upon the High Court or District Court to withdraw any case or case which are pending on the file of any Court and transfer the case to any other Court. The said power vested under the provisions of Section 24 of CPC is an absolute power and there is no restriction or impediment in the way of exercising the said power under Section 24. The Family 10 Court, which is established under the Family Courts Act, 1984, is also a 'Court' and is subordinate to the High Court. Further, as provided in Section 10 of the Family Courts Act, the provisions of the Civil Procedure Code are applicable to the suits or other proceedings dealt with by the Family Court. Therefore, by virtue of the provisions of Section 10 of the Family Courts Act, the power of transfer and withdrawal of cases vested under Section 24, C.P.C. can as well be exercised by the High Court in respect of the cases which are dealt with by a Family Court established under the Family Courts Act.
12. In view of the above, point No.2 is answered in favour of the petitioner.
13. The cause title in M.A.T.No.40/2018 filed by the husband discloses that he is working as Engineer in JSW. As such the respondent-husband can conveniently attend the court proceedings at Ballari. The petitioner being a housewife does not have any independent source of income 11 and as such she would be put to a great hardship in attending the court proceedings at Kudligi.
14. In view of the above, petitions are allowed. The petitions in M.A.T Nos.40 and 69 of 2018 and G & W.C.No.27/2018 pending on the file of the Senior Civil Judge and JMFC, Kudligi are hereby withdrawn and transferred to the Court of Principal Judge, Family Court, Ballari. The Court of Senior Civil Judge and JMFC, Kudligi shall transmit the records forthwith to the Court of Principal Judge, Family Court, Ballari. The parties are directed to appear before the Court of Principal Judge, Family Court, Ballari on 29.01.2020 without further notice.
15. In view of disposal of the petitions, I.A.No.1/2019 filed in C.P.No.100150/2019 does not survive for consideration and stands disposed of accordingly.
Sd/-
JUDGE MBS/-