MANU/KA/0801/2019

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

Civil Petition No. 230/2017
Decided On: 07.02.2019
Appellants: A.N. Girija
Vs.
Respondent: D. Shashichud
Hon'ble Judges/Coram:
Ashok G. Nijagannavar, J.
Counsels:
For Appellant/Petitioner/Plaintiff: Shashidhara H.N., Advocate
For Respondents/Defendant: K.V. Narasimhan, Advocate
ORDER
Ashok G. Nijagannavar, J.
1 . Though this civil petition is listed for admission, with the consent of the learned
counsel for the petitioner and the respondent, the matter is heard on merits.
2 . This petition is filed under Section 24 of CPC for transfer of MC No. 43/2017 on
the file of Senior Civil Judge, Madduru to the Senior Civil Judge, Court
Channarayapatna, Hassan District.
3. The petitioner is the wife while respondent is the husband and they were married
on 06.11.2011, at Hassan. On account of certain matrimonial disputes and other
complications between the couple, the husband/respondent has filed a petition under
Section 13(1)(i)(a) of the Hindu Marriage Act before the Senior Civil Judge, Maddur
seeking dissolution of marriage which is numbered as M.C. No. 43/2017.
4 . The petitioner herein who is the respondent in the said M.C. Petition. M.C. No.
43/2017 has filed a petition claiming maintenance which is pending before the Senior
Judge, JMFC, Court, Channarayapatna. It is the case of the petitioner that she is a
housewife residing in her parents along with the female child. Due to financial
difficulties, she is unable to attend the Court proceedings at Maddur. If M.C. petition
pending before the Maddur is not transferred to Channarayapatna she will be put to
hardship and inconvenience.
5 . Section 24 of the Code of Civil Procedure provides for the general power of
transfer and withdrawal of the suits, appeal or other proceedings. The relevant
provision is sub-section (1)(b) of Section 24, which is as under:
"24. General power of transfer and withdrawal.-
(1) On the application of any of the parties and after notice to the
parties and after hearing such of them as desired to be heard, or of
its own motion, without such notice, the High Court or the District
Court may, at any stage,--

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 (a)....
(b) withdraw any suit, appeal or other proceeding pending
in any court subordinate to it; and
(i) try to dispose of the same; or
(ii) transfer the same for trial or disposal to any court
subordinate to it and competent to try or dispose of the
same; or
(iii) re-transfer the same for trial or disposal to the court
from which it was withdrawn.
6. In the case of M.V. Rekha v/s. Sathya Alias Suraj reported in MANU/KA/1315/2010
: 2011 (2) Kar.L.J. 643, it is held as under:
"15. 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.
7. It is an admitted fact that respondent-husband is working at Maddur in K.M.F., as
such he has no financial difficulty to attend the Court proceedings at
Channarayapatna in the event of transfer of M.C. petition and also petition filed by
the wife claiming maintenance.
8. In the circumstance, civil petition is allowed. M.C. No. 43/2017 pending on the file
of Senior Civil Judge, Maddur, Mandya District is ordered to be transferred to the
Court of Senior Civil Judge and JMFC, Channarayapatna, Hassan District.
9 . Registry is directed to communicate this order to the Prl. Senior Civil Judge,
Maddur for the purpose of transmission of records.
Accordingly, petition is allowed.
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