Karnataka High Court
Smt. Likhitha P B vs Yogananda D V on 9 August, 2024
Author: H.T. Narendra Prasad
Bench: H.T. Narendra Prasad
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NC: 2024:KHC:31910
CP No. 428 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
CIVIL PETITION NO. 428 OF 2023
BETWEEN:
1. SMT. LIKHITHA P B
W/O YOGANANDA D V
D/O PARIVARA LATE BHARATH
AGED ABOUT 31 YEARS,
CHERANGALA VILLAGE,
MADIKERI TALUK
KODAGU DISTRICT-571 201
... PETITIONER
(BY SRI. ROSHAN H.C., ADVOCATE)
AND:
1. MR. YOGANANDA D V
S/O VENKATESH D K
AGED ABOUT 35 YEARS,
R/O DESHAHALLI VILLAGE AND POST,
MADDURU TALUK
Digitally signed by MADDURU
HEMALATHA A MANDYA DISTRICT-571 429
Location: HIGH ... RESPONDENT
COURT OF
KARNATAKA (BY SRI. SHIVA PRASAD M., ADVOCATE)
THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF THE
CPC, PRAYING TO TRANSFER THE CASE FILED BY THE RESPONDENT
(HUSBAND) IN M.C. NO. 70/2023 BEFORE THE SENIOR CIVIL JUDGE
AT MADDURU TO SENIOR CIVIL JUDGE AT MADIKERI, MADIKERI
TALUK, KODAGU DISTRICT. HENCE THIS PETITION. IN THE
INTEREST OF JUSTICE AND EQUITY.
THIS PETITION COMING ON FOR ADMISSION THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
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NC: 2024:KHC:31910
CP No. 428 of 2023
CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
ORAL ORDER
1. This petition under Section 24 of CPC is filed by the petitioner-wife seeking for transfer of M.C.No.70/2023 pending on the file of the Senior Civil Judge, Madduru to the Senior Civil Judge, Madikeri, Madikeri Taluk, Kodagu District.
2. The petitioner is the legally wedded wife of the respondent and their marriage was solemnized on 25.02.2018 at Bride's House, Cherangala Village, Madikeri Taluk, Kodagu District and Dhara at Sri Dharmasthala Manjunatha Swamy Temple at Dharmasthala as per Hindu rites and customs. After the marriage, the petitioner was residing with her husband at her matrimonial house. As matrimonial disputes arose between the parties, the petitioner started living separately with her parents in Madikeri. Thereafter, the respondent-husband filed a petition under Section 13(1) of the Hindu Marriage Act in M.C.No.70/2023 pending on the file of the Senior Civil -3- NC: 2024:KHC:31910 CP No. 428 of 2023 Judge, Madduru seeking for dissolution of marriage. The case of the petitioner is that since the petitioner along with her 4 years minor son, is residing in Madikeri, it would cause great inconvenience and hardship for her to travel a distance of 190 kms to Madduru to prosecute the case. Hence, she filed the present petition seeking for transfer of case.
3. The learned counsel for the petitioner-wife contended that after the matrimonial dispute, the petitioner along with 4 years minor son, started living separately with her parents and she has to take care of her aged parents. The petitioner has no other family members or relatives to accompany or assist her in traveling to Madduru, which is at a distance of 190 Kms, to prosecute the case filed by the respondent-husband in M.C.No.70/2023 pending on the file of the Senior Civil Judge, Madduru. Therefore, if the petition is not transferred, it would cause great inconvenience and hardship to the petitioner-wife. Hence, the learned counsel sought for allowing the petition. -4-
NC: 2024:KHC:31910 CP No. 428 of 2023
4. The learned counsel for the respondent-husband contended that after the marriage, the petitioner was residing with her husband in Madduru and she is familiar with the places in Madduru. The parents of the respondent-husband are aged persons and they are suffering from heart ailment and he has to take care of them and therefore, it would be difficult for him to travel to Madikeri to prosecute the case. Hence, the learned counsel sought for dismissal of the petition.
5. Heard the learned counsel for the parties. Perused the petition papers.
6. It is not in dispute that the petitioner is the legally wedded wife of the respondent and their marriage was solemnized on 25.02.2018 at Bride's House, Cherangala Village, Madikeri Taluk, Kodagu District and Dhare at Sri Dharmasthala Manjunatha Swamy Temple at Dharmasthala as per Hindu rites and customs. After the marriage, the petitioner was residing with her husband at -5- NC: 2024:KHC:31910 CP No. 428 of 2023 her matrimonial house. As matrimonial disputes arose between the parties, the petitioner started living separately with her parents in Madikeri. Thereafter, the respondent-husband filed a petition under Section 13(1) of the Hindu Marriage Act in M.C.No.70/2023 pending on the file of the Senior Civil Judge, Madduru seeking for dissolution of marriage. The case of the petitioner is that since the petitioner along with her minor son aged 4 years, is residing in Madikeri, it would cause great inconvenience and hardship for her to travel a distance of 190 kms to Madduru to prosecute the case.
7. This Court in the case Smt.M.V.Rekha v. Sri Sathya @ Suraj - ILR 2010 KAR 5407 at Paragraph No.15 has held as hereunder:
"The cardinal principle 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 -6- NC: 2024:KHC:31910 CP No. 428 of 2023 Courts 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 livelihood and under whose protective umbrella they are seeking their sustenance to life. Generally, it is the wife's 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 (See Smt.NandaKishori v. S.B.Shiua Prakash AIR 1993 Kar 87, Sumita Singh v. Kumar Sanjay and Anr.
MANU/SC/0936/2001:AIR 2002 SC 396 and Smt.Swarna Gouri v. Sri Vinayak Pujar MANU/KA/7130/2007 : ILR 2007 Kar 4561."
(emphasis supplied)
8. Therefore, taking note of the inconvenience as made out by the petitioner and the law laid down in the case of -7- NC: 2024:KHC:31910 CP No. 428 of 2023 Smt.M.V.Rekha (supra), which provides that convenience of the wife is an aspect that is to be taken note of while considering the transfer petitions, petition deserves to be allowed. Accordingly, the following order is passed:
ORDER
a) The petition is allowed.
b) The case in M.C.No.70/2023 pending on the file of the Senior Civil Judge, Madduru is hereby withdrawn and the same is transferred to the Senior Civil Judge, Madikeri, Madikeri Taluk, Kodagu District.
c) The transferor Court is hereby directed to transmit the entire records to the transferee court.
d) The transferee Court after hearing the parties is directed to dispose of the said case as expeditiously as possible and in accordance with law.
Sd/-
(H.T. NARENDRA PRASAD) JUDGE HA