Case Note & Summary
The petitioner-husband filed a petition under Section 24 of the Code of Civil Procedure, 1908, seeking transfer of Child Custody Proceeding G & WC No.229/2016 from the Court of III Addl. Prl. Judge, Family Court, Bengaluru to the Family Court, Belagavi. The marriage was solemnized on 12.08.2009, and a male child named Vikhyath was born on 26.07.2010. The petitioner claimed that after marriage, the couple moved to Chennai and later to Bengaluru, where he started his own clinic with financial assistance from his parents. He alleged that the respondent-wife left the matrimonial home in 2014 and filed a false complaint, and that he faced financial hardship and inconvenience in traveling to Bengaluru for the proceedings. The respondent-wife opposed the transfer, stating that she resides in Bengaluru with the child, who is studying there, and that the petitioner has sufficient means to travel. The court held that the convenience of the wife, who has custody of the minor child, and the welfare of the child are paramount considerations. The petitioner failed to make out a case for transfer, and the petition was dismissed.
Headnote
A) Civil Procedure - Transfer of Proceedings - Section 24 CPC - Child Custody - Transfer of G & WC No.229/2016 from III Addl. Prl. Judge, Family Court, Bengaluru to Family Court, Belagavi - The husband-petitioner sought transfer on grounds of convenience and financial hardship, but the court found that the wife-respondent, who is the mother and has custody of the minor child, resides in Bengaluru and the child's education is there - Held that the convenience of the wife and welfare of the child are paramount, and the petition was dismissed (Paras 1-8).
Issue of Consideration
Whether the child custody proceeding pending before the Family Court at Bengaluru should be transferred to the Family Court at Belagavi under Section 24 of the Code of Civil Procedure, 1908.
Final Decision
The petition is dismissed. No order as to costs.
Law Points
- Section 24 CPC
- Transfer of proceedings
- Child custody
- Welfare of child
- Convenience of parties
