Karnataka High Court
Smt.Priya Joshi vs Sri.Sanjay S Deshpande on 2 March, 2018
Author: B.Veerappa
Bench: B. Veerappa
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IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 2ND DAY OF MARCH, 2018
BEFORE
THE HON'BLE MR. JUSTICE B. VEERAPPA
CIVIL PETITION NO. 200029/2017
BETWEEN:
Smt. Priya Joshi
W/o. Sanjay S. Deshpande,
Aged about 27 yaers,
Occ: Houseld, R/at No. 185, Gangamruth
Banashankri - Jayanagar,
Kalaburagi
... Petitioner
(By Sri J. Augustin, Advocate)
AND:
Sri. Sanjay S. Deshpande
S/o. Subhash Deshpande,
Aged about 38 eyars,
Occ: News Editor in Suvarna News Channel,
R/at Sumukha, No.9, II Main,
APC Layout, Thindlu
Vidyaranyapura, Bangalore - 560097.
... Respondent
(Served)
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This Civil Petition is filed under Section 24 of the CPC,
praying that M.C. No. 4104/2016, which is now pending
before the Hon'ble II Addl. Principal Judge, Family Court at
Bangalore may kindly be ordered to withdraw, and the same
may kindly be ordered to transfer and try with Crl. Misc.
158/2016, which is pending before the Family Court at
Kalaburagi.
This Petition coming on for Admission this day, the
Court made the following:
ORDER
The petitioner/wife filed the present civil petition under Section 24 of CPC to transfer the matrimonial case in M.C.No.4104/2016 pending on the file of II Additional Principal Judge, Family Court, Bangalore to the Family Court, Kalaburagi to try along with Crl.Misc.No.158/2016 filed by her.
2. It is the case of the petitioner that she is wife of the respondent and their marriage was solemnized on 07.07.2014. Their cordial relationship lost after a few months of the marriage and the respondent started to 3 harass the petitioner mentally and physically. Hence, she filed a maintenance petition in Crl.Misc.No.158/2016 under Section 125 of Cr.P.C. before the Family Court, Kalaburagi. The respondent also filed a petition for restitution of conjugal rights before the Family Court, Bangalore in M.C.No.4104/2016 under Section 13(1)(a) of the Hindu Marriage Act.
3. It is further contended that the petitioner having one year ten months old year male child and she is not in a position to attend the Court at Bangalore on all the dates of hearing, which is about 600 Kms. from Kalaburagi. She has no sufficient means to travel on every date of hearing with her infant child. Therefore, she sought to allow the civil petition as prayed for.
4. The respondent/husband served, unrepresented.
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5. The learned counsel for the petitioner contended that the petition has to be allowed taking into consideration that the petitioner alone cannot attend the Court at Bangalore on every date of hearing and admittedly the respondent/husband is attending Crl.Misc.No.158/2016, which is pending before the Family Court, Kalaburagi. Hence, he sought to allow the civil petition as prayed for.
6. Having heard the learned counsel for the petitioner, there is no dispute with regard to the marriage of the petitioner with the respondent and out of their wedlock, one male child born. It is also not in dispute that the petitioner/wife filed Crl.Misc.No.158/2016 under Section 25 of Cr.P.C., which is pending before the Family Court, Kalaburagi and the respondent/husband also filed M.C.No.4104/2016 under Section 13(1)(a) of Hindu 5 Marriage Act before the II Additional Principal Judge, Family Court, Bengalore.
7. This Court while considering the petition under Section 24 of the Code of Civil Procedure, in the case of Seema Alias Preeti vs Promod Chandrakant Vernekar, reported in 2004(4) Kar.L.J.572, relying upon the dictum of the Hon'ble Apex Court in the case of Sumita Singh Vs. Kumar Sanjay and another, reported in AIR 2002 S.C. 396, has held that while considering the application for transfer of matrimonial proceedings, the convenience of the wife has to be looked into while passing the orders under Section 24 of Code of Civil procedure.
8. For the reasons stated above, the civil petition is allowed. M.C.No.4104/2016 pending on the file of the II Additional Principal Judge, Bengalore is ordered to be transfer to the Court of District Judge, 6 Family Court, Kalaburagi for adjudication of the matter between the parties on merits in accordance with law.
Sd/-
JUDGE Srt