Case Note & Summary
The petitioner, Smt. Savita Patil, wife of the respondent Gireesh Patil, filed a petition under Section 24 of the Code of Civil Procedure, 1908, seeking transfer of M.C. No. 353/2015 pending before the I Additional Principal Judge, Family Court, Bengaluru, to the Court of Senior Civil Judge, Mudhol. She contended that she was financially incapable of bearing the cost of living in Bengaluru, had no place to stay there, and that a related civil suit (O.S. No. 59/2010) filed by her against the respondent and others was already pending before the Senior Civil Judge, Mudhol. The respondent opposed the transfer, arguing that mere incapability to travel long distance does not constitute sufficient ground for transfer. However, the court noted that the pendency of Civil Misc. No. 7/2015 (arising from O.S. No. 59/2010) at Mudhol and the fact that the wife had a minor son named Bhuvan were relevant considerations. The court held that the convenience of the wife, especially in matrimonial matters, should be given due weight, and allowed the transfer petition, directing that M.C. No. 353/2015 be withdrawn from the Family Court, Bengaluru, and transferred to the Senior Civil Judge, Mudhol, for disposal in accordance with law.
Headnote
A) Family Law - Transfer of Matrimonial Proceedings - Section 24 of Code of Civil Procedure, 1908 - Convenience of Wife - The wife sought transfer of divorce petition from Bengaluru to Mudhol citing inability to bear travel costs and lack of accommodation in Bengaluru, and pendency of a related civil suit at Mudhol. The court allowed the transfer considering the wife's hardship and the existence of a connected civil matter at Mudhol. (Paras 1-4)
Issue of Consideration
Whether the wife's petition for transfer of divorce proceedings from Bengaluru to Mudhol should be allowed on grounds of financial incapacity and pendency of a related civil suit at Mudhol.
Final Decision
The court allowed the petition and directed that M.C. No. 353/2015 be withdrawn from the I Additional Principal Judge, Family Court, Bengaluru, and transferred to the Court of Senior Civil Judge, Mudhol, for disposal in accordance with law.
Law Points
- Transfer of matrimonial proceedings
- convenience of wife
- pendency of related civil suit
- Section 24 CPC
Case Details
2016 LawText (KAR) (06) 47
Civil Petition No. 100044/2015
Sri M.G. Naganuri (for petitioner), Sri T.M. Nadaf and Sri B. Pramod (for respondent)
Smt. Savita W/o Gireesh Patil
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Civil petition for transfer of matrimonial proceedings from Family Court, Bengaluru to Senior Civil Judge, Mudhol.
Remedy Sought
Petitioner (wife) sought transfer of M.C. No. 353/2015 from Family Court, Bengaluru to Senior Civil Judge, Mudhol.
Filing Reason
Wife claimed financial incapacity to bear cost of living in Bengaluru, lack of accommodation, and pendency of a related civil suit at Mudhol.
Issues
Whether the wife's financial incapacity and pendency of a related civil suit at Mudhol constitute sufficient grounds for transfer of divorce proceedings under Section 24 CPC.
Submissions/Arguments
Petitioner argued she is incapable of bearing the cost of living in Bengaluru and has no place to stay there, and a related civil suit is pending at Mudhol.
Respondent opposed transfer, contending that mere incapability to travel long distance does not constitute sufficient ground for transfer.
Ratio Decidendi
In matrimonial matters, the convenience of the wife, especially when she is financially dependent and has a minor child, and the pendency of a related civil suit at the transferee court, are relevant considerations for transfer under Section 24 CPC.
Judgment Excerpts
This is the wife’s petition for transfer of M.C. No.353/2015 from the Court of I Addl. Prl. Judge, Family Court, Bengaluru, to the Court of Senior Civil Judge, Mudhol, on the ground that she is incapable of bearing the cost of living in Bengaluru and she has no place to stay in Bengaluru and that a case filed by her is pending in the Court of Senior Civil Judge at Mudhol.
Considering the fact that Civil Misc. No.7/2015 (arising out of O.S. No.59/2010) is pending in the Court of the Senior Civil Judge, Mudhol and the fact that the wife is having one minor son named 'Bhuvan', the petition is allowed.
Procedural History
The wife filed Civil Petition No. 100044/2015 under Section 24 CPC seeking transfer of M.C. No. 353/2015 from Family Court, Bengaluru to Senior Civil Judge, Mudhol. The petition was opposed by the husband. After hearing both sides, the High Court allowed the transfer on 29 June 2016.
Acts & Sections
- Code of Civil Procedure, 1908: Section 24
