H.T. Narendra Prasad, J
1. This petition under Section 24 of CPC is filed by the petitioner-wife seeking transfer of M.C.No.213/2023 pending on the file of Senior Civil Judge and Principal JMFC, KGF to the Court of VI Additional Principal Judge, Family Court, Bengaluru.
2. The petitioner is the legally wedded wife of the respondent, and their marriage was solemnized on 04.12.2021 at St.Thomas Church, Muskam, Andersonpet Post, K.G.F., Kolar as per Christian rites and customs. After the marriage, the petitioner resided with her husband at her matrimonial home. One son was born out of wedlock. Due to matrimonial disputes, the petitioner started living separately with her parents and minor son in Bengaluru. Thereafter, the petitioner-wife filed M.C.No.1128/2024 before the VI Additional Principal Judge, Family Court, Bengaluru for divorce. The respondent-husband filed a petition for restitution of conjugal rights in M.C.No.213/2023 before the Senior Civil Judge and Principal JMFC, K.G.F. The petitioner's case is that since she resides at Bengaluru, it would cause great inconvenience and hardship for her to travel a distance of 100 kms. to K.G.F. to prosecute the case. Hence, she filed the present petition seeking transfer of the case.
3. The learned counsel for the petitioner-wife contended that the parents of the petitioner are aged persons, and she has to take care of them. She has no other family members or relatives to accompany or assist her in traveling to K.G.F., which is at a distance of 100 kms., to prosecute the case. Moreover, she does not have any source of income. Therefore, if the petition is not transferred, it would cause great inconvenience and hardship to the petitioner-wife. Hence, the learned counsel sought to allow the petition.
4. The respondent is served and unrepresented.
5. Heard the learned counsel for the petitioner. Perused the petition papers.
6. The petitioner is the legally wedded wife of the respondent, and their marriage was solemnized on 04.12.2021, as per Christian customs. After the marriage, the petitioner resided with her husband at her matrimonial home. One son was born out of wedlock. Due to differences of opinion, the petitioner started living separately with her parents and minor son. Thereafter, the petitioner-wife filed M.C.No.1128/2024 before the VI Additional Principal Judge, Family Court, Bengaluru for divorce. The respondent-husband filed a petition for restitution of conjugal rights in M.C.No.213/2023 before the Senior Civil Judge and Principal JMFC, K.G.F. Since the petitioner resides at Bengaluru and has to care of her aged parents and minor son, and as she has no other relatives or family members to accompany or assist her, it would cause inconvenience and hardship for her to travel a distance of 100 kms. to K.G.F. to prosecute the case. This Court in Smt.M.V.Rekha v. Sri Sathya @ Suraj – ILR 2010 KAR 5407 at Paragraph No.15 held as follows:
"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)
Therefore, taking note of the inconvenience made out by the petitioner and the law laid down in the case of Smt.M.V.Rekha (supra), which provides that the convenience of the wife is an aspect to be taken into consideration while considering transfer petitions, the petition deserves to be allowed. Accordingly, the following order is passed:
i) The petition is allowed.
ii) The case in M.C.No.213/2023 on the file of Senior Civil Judge and Principal JMFC, K.G.F. is hereby withdrawn and transferred to the Court of VI Additional Principal Judge, Family Court, Bengaluru.
iii) The transferor Court is hereby directed to transmit the entire records to the transferee court.
iv) The transferee court after hearing the parties is directed to dispose of the said case as expeditiously as possible and in accordance with law.
