Chaitra D.C. vs Mahesha Kumar A.N. S/O Nataraja A.C. & Others

S Sunil Dutt Yadav, J

The petitioner-wife has sought for transfer of proceedings in M.C.No.06/2022 filed by the respondent-husband pending before the Court of Additional Senior Civil Judge and JMFC at Sagara seeking dissolution of matrimonial relationship and has sought for transfer of the same to the Court of Senior Civil Judge at Harihara.

The petitioner submits that she is required to travel a distance of 114 Kms. to attend the proceedings at Sagara, which seriously inconveniences her, as she has to change two buses to reach her destination.

Taking note that the petitioner has to travel a distance of about 114 Kms., to attend the proceedings at Sagara and that she is not employed and that she is dependent upon her parents, it would be appropriate to allow the petition.

This Court in the case Smt.M.V.Rekha v. Sri Sathya @ Suraj - ILR 2010 KAR 5407 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 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)

Taking note of the inconvenience as made out by the petitioner-wife and the law laid down in the case of Smt.M.V.Rekha (supra), which provides that convenience of wife is an aspect that is to be taken note of while considering the transfer petitions, the petition deserves to be allowed.

Though the petitioner initially had sought transfer of proceedings to Itinerary Court at Honnali, Davanagere District, since the Court at Harihara is a regular Court, it is submitted that transfer to the said Court may be considered.

Accordingly, the petition is allowed. The proceedings in M.C.No.06/2022 pending before the Court of Additional Senior Civil Judge and JMFC at Sagara, is withdrawn and the same is transferred to the Court of Senior Civil Judge at Harihara.

The records relating to M.C.No.06/2022 pending before the Court of Additional Senior Civil Judge, Sagara is to be transmitted to the Court of Senior Civil Judge at Harihara, forthwith.

Both parties to be present before the Court of Senior Civil Judge at Harihara on 04.04.2024 without waiting for further notice.