Shruthi, W/o Inder. S v. Inder S, S/o P. Somasunder
2019-02-01
ASHOK G.NIJAGANNAVAR
body2019
DigiLaw.ai
ORDER : Though this civil petition is listed for admission, in view of 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.1337/2018 on the file of II Additional Principal Judge, Family Court, Bengaluru, to the Family Court, Mysuru. 3. The petitioner is the wife while the respondent is the husband and they were married on 09.12.2016. 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 II Additional Principal Judge, Family Court, Bengaluru, for dissolution of marriage which is numbered as M.C. No.1337/2018. 4. It is the case of the petitioner that she is residing at Mysuru in her parents house since April, 2018. The respondent husband has failed to provide maintenance as such she has filed a petition before the Principal Judge, Family Court at Mysuru, claiming maintenance and the same is numbered as C.Misc.No.635/2018. The petitioner do not have any financial capacity to attend the Court proceedings at Bengaluru. In the event of transfer of the M.C. No.1337/2018 pending before the II Additional Principal Judge, Family Court, Bengaluru, to Mysuru she can conveniently attend the Court proceedings. 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 subsection (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,— (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to try or dispose of the same; or (iii) retransfer the same for trial or disposal to the court from which it was withdrawn. 12. In the case of M.V. Rekha v/s. Sathya Alias Suraj reported in 2011 (2) Kar.L.J. 643 , it is held as under: “15.
12. In the case of M.V. Rekha v/s. Sathya Alias Suraj reported in 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. 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.” 6. Considering the submission of the counsel and the grounds urged in the petition, there are valid grounds to grant the relief claimed. In the circumstances, the Civil Petition is allowed. M.C. No. 1337/2018 on the file of II Additional Principal Judge, Family Court, Bengaluru is ordered to be transferred to Family Court, Mysuru.