Case Note & Summary
The petitioner, Shivaleela Bellad, filed a transfer petition under Section 24 of the Code of Civil Procedure, 1908 (CPC) seeking transfer of M.C. No. 6467/2018 pending before the II Additional Principal Judge, Family Court at Bengaluru to the Principal Judge, Family Court at Gadag. The petitioner is a housewife residing in Gadag, while the respondent husband is employed and resides in Bengaluru. The office raised an objection regarding maintainability, contending that since the proceedings sought to be transferred are pending in Bengaluru, the Dharwad Bench of the Karnataka High Court may not have jurisdiction. The court overruled the objection, holding that the Dharwad Bench, being a permanent bench of the Karnataka High Court, has jurisdiction to entertain transfer petitions arising from any district within the State of Karnataka, including Bengaluru. The court then considered the merits and allowed the petition, transferring the case to Gadag for the convenience of the wife, who would otherwise face hardship in traveling to Bengaluru. The court directed the Family Court at Bengaluru to transmit all records to the Family Court at Gadag within four weeks.
Headnote
A) Civil Procedure - Transfer of Cases - Section 24 CPC - Maintainability - Objection raised by office regarding maintainability of transfer petition before Dharwad Bench when case pending in Bengaluru - Court held that the Dharwad Bench has jurisdiction to entertain transfer petitions arising from any district within the State of Karnataka, including Bengaluru - Held that the objection is overruled and the petition is maintainable (Para 1-3).
Issue of Consideration
Whether a transfer petition under Section 24 CPC is maintainable before the Dharwad Bench of the Karnataka High Court when the case sought to be transferred is pending in Bengaluru.
Final Decision
The court overruled the office objection and allowed the transfer petition, directing the transfer of M.C. No.6467/2018 from the II Additional Principal Judge, Family Court at Bengaluru to the Principal Judge, Family Court at Gadag. The Family Court at Bengaluru is directed to transmit all records to the Family Court at Gadag within four weeks.
Law Points
- Transfer petition maintainable under Section 24 CPC
- convenience of wife is a relevant factor
- territorial jurisdiction of High Court bench
