Sukanya W/O. Mallikarjun Kaabi vs Mallikarjun S/O. Basavaraj Kaabi

Geetha K.B. J

Notice of present petition is served on respondent, but unrepresented.

The petitioner-wife has filed this petition under Section 24 of the Code of Civil Procedure, 1908 praying for transfer of M.C.No.76/2025 filed by the respondent- husband pending before the Addl. Senior Civil Judge and JMFC., Mudhol to Senior Civil Judge and JMFC., Kushtagi.

Heard the arguments of learned counsel for the petitioner.

It is stated in the petition that petitioner is presently residing at Kushtagi taluk, Koppal District in her parental house. After petitioner gave birth to a child on 23.09.2024, respondent has not come and seen both petitioner and her child. But, he came and made galata in the year 2025. Petitioner has filed maintenance petition in Crl.Misc.No.2148/2025 against respondent which is pending before Civil Judge and JMFC, Kushtagi. After filing said petition by the petitioner, respondent has filed MC No.76/2025 before Addl. Senior Civil Judge and JMFC, Mudhol under Section 9 of the Hindu Marriage Act, 1955 praying for Restitution of Contractual Rights.

It is difficult for the petitioner to travel from her parental house at Kushtagi to Mudhol by keeping a small baby with her, that too without any source of income. Hence, she prays for transfer of MC No.76/2025 from Mudhol to Kushtagi.

This Court relies on the judgment of Hon'ble Apex Court in Civil Appeal No.4894/2022 (arising out of SLP(C) No.16465/2021, wherein at para No.9 it is held as follows:

"9. The cardinal principle for exercise of power under Section 24 of the Code of Civil Procedure is that the ends of justice should 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 both the parties, the social strata of the spouses and their behavioural pattern, their standard of life prior to the marriage and subsequent thereto and the circumstances of both the parties in eking out their livelihood and under whose protective umbrella they are seeking their sustenance to life. Given the prevailing socioeconomic paradigm in the Indian society, generally, it is the wife's convenience which must be looked at while considering transfer."

Relying on the aforesaid citation, this Court holds that the convenience of wife shall be the paramount consideration while dealing with transfer of matrimonial cases.

Hence, this Court proceeds to pass the following:

ORDER

Petition filed under Section 24 of Code of Civil Procedure, 1908 is allowed.

MC No.76/2025 pending on the file of Addl. Senior Civil Judge and JMFC, Mudhol is withdrawn and transferred to the Senior Civil Judge and JMFC, Kushtagi.

Both parties are directed to co-operate for early disposal of the case.