Case Note & Summary
The petitioner, Shivangouda, filed a civil petition under Section 24 of the Code of Civil Procedure, 1908, seeking transfer of M.C.No.8/2019 pending before the I Additional Senior Civil Judge & JMFC, Bagalkot, to the Senior Civil Judge, Jewergi. The petitioner and respondent are husband and wife, married on 29.04.2008, with a child named Tarun. The petitioner alleged that the respondent deserted him and that he had to travel long distances for court appearances, causing inconvenience. The respondent opposed the transfer. The court, after hearing both sides, allowed the petition, transferring the case to Jewergi and directing expeditious disposal.
Headnote
A) Civil Procedure - Transfer of Proceedings - Section 24 of the Code of Civil Procedure, 1908 - Transfer of Matrimonial Case - The petitioner husband sought transfer of M.C.No.8/2019 from Bagalkot to Jewergi on grounds of convenience, alleging that the respondent wife had deserted him and that he had to travel long distances. The court considered the convenience of both parties and the child, and allowed the transfer, directing the case to be transferred to the Senior Civil Judge, Jewergi, with a direction to dispose of the case expeditiously. (Paras 1-5)
Issue of Consideration
Whether the matrimonial case M.C.No.8/2019 pending before the I Additional Senior Civil Judge & JMFC, Bagalkot should be transferred to the Senior Civil Judge, Jewergi on the ground of convenience of the petitioner husband.
Final Decision
The petition is allowed. M.C.No.8/2019 pending on the file of I Additional Senior Civil Judge & JMFC, Bagalkot is withdrawn and transferred to the file of Senior Civil Judge, Jewergi. The transferee court is directed to dispose of the case expeditiously.
Law Points
- Transfer of matrimonial proceedings under Section 24 CPC
- convenience of parties
- balance of convenience
- jurisdiction
