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, made her reside at her parents' house in Gadag, and neglected to provide maintenance. She filed a maintenance petition under Section 125 Cr.P.C. in Crl.Misc.9/2013 before the Civil Judge, JMFC, Gadag. Subsequently, the husband filed M.C.No.59/2013 under Section 9 of the Hindu Marriage Act, 1955, for restitution of conjugal rights before the Senior Civil Judge, Mudhol. The petitioner sought transfer on grounds that she is a housewife without independent income, has no male escort to travel to Mudhol (about 100 km away), and fears for her safety. The respondent was served but did not appear. The court, considering the balance of convenience and the wife's difficulties, allowed the petition and transferred M.C.No.59/2013 from the Senior Civil Judge, Mudhol, to the Family Court, Gadag, for disposal in accordance with law.
Headnote
A) Civil Procedure - Transfer of Proceedings - Section 24 of Code of Civil Procedure, 1908 - Convenience of Wife - The petitioner/wife sought transfer of divorce petition filed by husband from Mudhol to Gadag on grounds of inconvenience, lack of male escort, and safety concerns. The court held that the wife's convenience must be considered and allowed the transfer, noting that the husband can attend proceedings at Gadag as he is a police constable and can travel. (Paras 1-4)
Issue of Consideration
Whether the proceedings in M.C.No.59/2013 pending before the Senior Civil Judge, Mudhol, should be transferred to the Family Court, Gadag, at the instance of the wife.
Final Decision
The court allowed the petition and ordered transfer of M.C.No.59/2013 from the file of Senior Civil Judge, Mudhol, to the Family Court, Gadag, for disposal in accordance with law.
Law Points
- Transfer of proceedings under Section 24 CPC
- convenience of wife
- balance of convenience
- jurisdiction transfer
Case Details
2015 LawText (KAR) (04) 78
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's inconvenience, lack of male escort, safety concerns, and financial dependence.
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 under Section 9 of Hindu Marriage Act before Senior Civil Judge, Mudhol.
Issues
Whether the proceedings in M.C.No.59/2013 should be transferred from Mudhol to Gadag on the wife's application under Section 24 CPC.
Submissions/Arguments
Petitioner/wife submitted that she is a housewife without independent income, has no male escort to travel to Mudhol (about 100 km away), and fears for her safety.
Respondent/husband did not appear despite service.
Ratio Decidendi
In transfer petitions under Section 24 CPC, the convenience of the wife, including her safety and financial dependence, is a paramount consideration. The husband, being a police constable, can travel to the transferee court.
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...
The petitioner is a house wife and she has no independent income and she has no male escort to go to Mudhol and she is put to lot of inconvenience and she is having fear about her safety.
Taking into consideration the balance of convenience and the difficulties expressed by the petitioner, 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 under Section 9 of Hindu Marriage Act before Senior Civil Judge, Mudhol. The wife then filed Civil Petition No.599/2013 under Section 24 CPC for transfer of M.C.No.59/2013 to Family Court, Gadag.
Acts & Sections
- Code of Civil Procedure, 1908: Section 24
- Code of Criminal Procedure, 1973: Section 125
- Hindu Marriage Act, 1955: Section 9
