Case Note & Summary
The petitioner, Smt. Sushmitha B.L. @ Uma, filed a petition under Section 24 of the Code of Civil Procedure, 1908, seeking transfer of M.C. No. 7/2023 pending before the Senior Civil Judge and JMFC, Narasimharajapura, Chikkamagaluru District, to the Senior Civil Judge and JMFC, Hosanagara, Shivamogga District. The petitioner is the legally wedded wife of the respondent, Sri. Raghavendra B.R., and they have two children. Due to disputes, they are residing separately. The respondent filed a petition for dissolution of marriage, which is pending as M.C. No. 7/2023. The petitioner resides at Hosanagara Taluk, Shivamogga District, which is about 130 kms away from Narasimharajapura. She contended that she faces difficulty in attending court on each date of hearing. The respondent opposed the transfer, arguing that the petition was filed only to harass him. The court, after hearing both sides, observed that the convenience of the wife, who is a woman, should be given due weight. The distance of 130 kms and the hardship faced by the petitioner justified the transfer. The court allowed the petition and directed the transfer of M.C. No. 7/2023 from the Senior Civil Judge, Narasimharajapura to the Senior Civil Judge, Hosanagara. The court also directed the transferee court to dispose of the case expeditiously.
Headnote
A) Civil Procedure - Transfer of Proceedings - Section 24 of Code of Civil Procedure, 1908 - Convenience of Parties - The petitioner-wife sought transfer of divorce petition from Narasimharajapura to Hosanagara due to distance of 130 kms and difficulty in attending court. The court allowed the transfer, holding that the convenience of the wife, who is a woman, should be considered and that the distance and hardship justified the transfer. (Paras 2-4)
Issue of Consideration
Whether the divorce petition pending before the Senior Civil Judge, Narasimharajapura should be transferred to the Senior Civil Judge, Hosanagara on the ground of inconvenience and hardship faced by the wife-petitioner.
Final Decision
The court allowed the petition and directed the transfer of M.C. No. 7/2023 from the Court of Senior Civil Judge, Narasimharajapura, Chikkamagaluru District to the Court of Senior Civil Judge, Hosanagara, Shivamogga District. The transferee court is directed to dispose of the case expeditiously.
Law Points
- Transfer of proceedings
- convenience of parties
- hardship to wife
- Section 24 CPC
