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2022 DIGILAW 1203 (KAR)

H K Suma v. M Santhosh

2022-09-13

E.S.INDIRESH

body2022
ORDER 1. This Civil Petition is filed by the respondent-wife under Section-24 of the Code of Civil Procedure, seeking transfer of MC No.6648 of 2018 on the file of I Additional Principal Judge, Family Court, Bangalore to the competent Family Court at Doddaballapura. 2. Heard the learned counsel appearing for the parties. 3. Sri H.M.Harsha, counsel appearing for the petitioner contended that it is difficult for the petitioner herein to attending the proceedings at Doddaballapura regularly and it is nearly 70 kms away from Bangalore. Accordingly, he prays to allow the petition. 4. Per contra, Sri R.P.Somashekaraiah, learned counsel appearing for the respondent contended that the petitioner herein is working at Chikkaballapura and MC No.6648 of 2018 is at the stage of cross-examination of the petitioner herein and accordingly, he sought for dismissal of the petition. 5. In the light of the submission made by the learned counsel appearing for the parties and on careful consideration of the grounds urged in the petition, it also well settled principle that convenience of the parties is not the ground to seek transfer of petition under Section- 24 of Code of Civil Procedure but the hardship that would cause to the parties should be looked into. At this juncture, it is pertinent to note the law declared by the Hon'ble Apex Court in the case of Dr. Subramaniam Swamy vs Ramakrishna Hegde reported in 1990 (1) SCC 4 wherein, it is held that mere convenience of the parties is not criteria but there must be sufficient cause shown in the transfer petition that the trial chosen forum will result in denial of justice to the parties. Following the law declared by the Hon'ble Apex Court and taking into consideration the fact that the petitioner is working at Chikkaballapura, I am of the view that distance between Doddaballapura to Bangalore is commutable in nature. Therefore, I do not find any acceptable ground to transfer the petition from competent court Bangalore to Doddaballapura. Accordingly, the Civil Petition is dismissed.