Case Note & Summary
The petitioner, Soumya, wife of Manjunath, filed a civil petition under Section 24 of the Code of Civil Procedure, 1908, seeking transfer of M.C.No.59/2013 pending before the Senior Civil Judge, Mudhol, to the Family Court, Gadag. The parties were married on 22.11.2009 at Gadag according to religious rites. One child was born but died after 22 days. The petitioner alleged that the respondent was unhappy from the beginning, demanded dowry and gold, and made her reside at her parents' house in Gadag without providing maintenance. She filed a maintenance petition under Section 125 Cr.P.C. (Crl.Misc.9/2013) before the Civil Judge, JMFC, Gadag. Subsequently, the respondent filed M.C.No.59/2013 for divorce at Mudhol. The petitioner contended that she is a housewife with no independent income, her parents are aged, and she has no one to accompany her to Mudhol, which is about 100 km away. She also expressed fear for her safety. The respondent was served but did not appear. The Court, considering the petitioner's residence in Gadag, the pending maintenance case there, and her lack of resources, allowed the transfer, holding that the convenience of the wife is paramount. The Court directed the transfer of M.C.No.59/2013 to the Family Court, Gadag, and ordered both parties to appear on 20.04.2015.
Headnote
A) Civil Procedure - Transfer of Proceedings - Section 24 CPC - Matrimonial Dispute - Wife's Convenience - The petitioner/wife sought transfer of M.C.No.59/2013 from Senior Civil Judge, Mudhol to Family Court, Gadag, citing her residence in Gadag, lack of maintenance, and safety concerns. The Court held that the wife's convenience and safety are paramount, and transferred the case to Gadag, noting that the husband can travel to Gadag for hearings. (Paras 1-4)
Issue of Consideration
Whether the divorce petition pending before the Senior Civil Judge, Mudhol should be transferred to the Family Court, Gadag for the convenience of the wife.
Final Decision
The Court allowed the petition and directed the transfer of M.C.No.59/2013 from the Senior Civil Judge, Mudhol to the Family Court, Gadag. Both parties were directed to appear before the Family Court, Gadag on 20.04.2015.
Law Points
- Transfer of proceedings
- convenience of wife
- Section 24 CPC
- Family Court jurisdiction
- matrimonial disputes
Case Details
2015 LawText (KAR) (03) 9
Civil Petition No.599/2013
Soumya W/o Manjunath Putanikar
Manjunath S/o Dharmappa Putanikar
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Nature of Litigation
Civil petition for transfer of matrimonial proceedings from one court to another.
Remedy Sought
Transfer of M.C.No.59/2013 from Senior Civil Judge, Mudhol to Family Court, Gadag.
Filing Reason
Wife sought transfer due to her residence in Gadag, lack of maintenance, aged parents, and safety concerns.
Previous Decisions
Wife filed Crl.Misc.9/2013 under Section 125 Cr.P.C. for maintenance before Civil Judge, JMFC, Gadag. Husband filed M.C.No.59/2013 for divorce at Mudhol.
Issues
Whether the divorce petition should be transferred from Mudhol to Gadag for the convenience of the wife.
Submissions/Arguments
Petitioner/wife argued that she resides in Gadag, has no independent income, her parents are aged, and she cannot travel to Mudhol (100 km away) alone due to safety concerns.
Respondent/husband did not appear despite service.
Ratio Decidendi
In matrimonial disputes, the convenience of the wife is paramount, especially when she has no independent income, resides with aged parents, and has safety concerns. Transfer of proceedings to a court near her residence is justified under Section 24 CPC.
Judgment Excerpts
The petitioner/wife has filed the above Civil Petition under Section 24 of Civil Procedure Code, praying to transfer M.C.No.59/2013 pending on the file of Senior Civil Judge, Mudhol, to the Family Court, Gadag.
It is the case of the petitioner that the petitioner and respondent were married on 22.11.2009 at Sri.Panchacharya Mangalya Mandir, Gadag...
The petitioner is a house wife and she has no independent income... she has to travel about 100 kms from Gadag to Mudhol... she is having fear about her safety.
In the interest of justice and convenience of the wife, the petition is allowed.
Procedural History
The petitioner/wife filed Crl.Misc.9/2013 under Section 125 Cr.P.C. for maintenance before Civil Judge, JMFC, Gadag. The respondent/husband filed M.C.No.59/2013 for divorce before Senior Civil Judge, Mudhol. The wife then filed this civil petition under Section 24 CPC for transfer of the divorce case to Gadag.
Acts & Sections
- Code of Civil Procedure, 1908: 24
- Code of Criminal Procedure, 1973: 125
