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Judgments of Supreme Court of India and High Courts

Smt Sharada K V vs Sri M D Nishanth on 7 December, 2018

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 7TH DAY OF DECEMBER, 2018

BEFORE

THE HON’BLE MR. JUSTICE ALOK ARADHE

CIVIL PETITION NO.57 OF 2017

BETWEEN:

SMT.SHARADA K.V.
W/O M.D.NISHANTH
AGED ABOUT 30 YEARS
RESIDING AT NO.41/3,
5TH CROSS, 5TH MAIN,
JAYANAGAR
MYSURU 570 014.
…PETITIONER
(BY SHRI SRINIVASA D.C, ADVOCATE)

AND:

SRI. M.D.NISHANTH
S/O. D.S.MANJUNATH
AGED ABOUT 32 YEARS
RESIDING AT NO.A-31/1
BASAVESHWARA TEMPLE ROAD
SOMWARPET
KODAGU DITRICT 571 236.
…RESPONDENT
(BY SHRI. R.D. PANCHAM, ADVOCATE)

THIS CIVIL PETITION IS FILED UNDER SECTION 24
OF CPC, PRAYING TO ALLOW THIS CIVIL PETITION AND
TRANSFER THE PETITION FILED BY THE RESPONDENT IN
MC NO.54/2016 PENDING ON THE FILE OF THE SENIOR
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CIVIL JUDGE AND JMFC, SOMWARPET TO THE PRINCIPAL
FAMILY COURT AT MYSURU.

THIS CIVIL PETITION COMING ON FOR ADMISSION
THIS DAY, THE COURT MADE THE FOLLOWING:

ORDER

Sri. D.C. Srinivasa, learned counsel for the

petitioner.

Sri. R.D. Pancham, learned counsel for

respondent.

2. The Petition is admitted for hearing. With

the consent of the parties the same is heard finally.

3. In this petition filed under Section 24 of the

Code of Civil Procedure, the petitioner/wife, inter-alia,

seeks a direction to transfer the proceeding instituted

by the respondent/husband from Somwarpet to

Mysuru.

4. Facts giving rise to filing of this petition

briefly stated are that, the marriage between the
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parties to the proceedings was solemnized on

8-2-2015. It is the case of the petitioner that

respondent and his family members ill-treated the

petitioner and making demand for additional dowry.

They thrown her out of matrimonial home. The

petitioner, thereafter filed a Criminal case for an

offence under Section 498A of IPC as well as under

Section 125 of Code of Criminal Procedure seeking

maintenance at Mysuru. The respondent/husband filed

a petition in the Court of Senior Civil Judge,

Somwarpet, under Section 13 of the Hindu Marriage

Act, 1955. In the aforesaid factual background, the

petitioner has approached this Court seeking the relief

as stated above.

5. Learned counsel for the petitioner submitted

that the distance between Somwarpet and Mysuru is

90 Kms., and there is nobody to look after the
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petitioner and petitioner is entirely dependent on her

parents.

6. On the other hand, learned counsel for

respondent has opposed the prayer.

7. I have considered the submissions made by

learned counsel for the parties.

8. The Supreme Court in the case of Rajani

Kishor Pardeshi Vs. Kishor Babulal Pardeshi

[(2005) 12 SCC 237] has held that in a matrimonial

dispute, convenience of the wife is of the prime

consideration.

9. In view of the aforesaid decision of the

Supreme Court and taking into account the fact that

the petitioner has no source of income and she is

entirely dependent on her parents and there is nobody

to accompany her to Somwarpet, it is directed that

the proceedings instituted by the respondent under
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Section 13 of the Hindu Marriage Act, 1955, in

M.C.No.54/2016 which is pending before the Senior

Civil Judge and JMFC, Somwarpet, shall stand

transferred to the Court of competent jurisdiction in

Mysuru.

10. Accordingly, this petition is disposed of.

Sd/-

JUDGE

tsn*

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