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Judgment
Heard learned Counsel for the Petitioner.
The petitioner is the wife of the respondent. She has maintained this petition under Section 24 of CPC praying to transfer M.C. No.79/2025 pending on the file of learned Senior Civil Judge and JMFC, Muddebihal to the Court of learned Senior Civil Judge and JMFC, Ramdurg. The respondent has maintained the said petition under Section 13(1)(ia) and (ib) of the Hindu Marriage Act praying for dissolution of the marriage.
The petitioner states that presently she is residing at Mudakavi of Ramdurg Taluk along with her three children and the parents. She further submits that she and her children are entirely depending upon her parents for their livelihood. She states that earlier the respondent had initiated a petition in M.C. No.29/2024 on the file of learned Senior Civil Judge and JMFC, Muddebihal under Section 9 of the Hindu Marriage Act, 1955 which came to be transferred to Ramdurg as per order passed in C.P. No.100237/2024. She contends that she is not in a position to personally attend the proceedings before the Court at Muddebihal in M.C. No.79/2025, on regular basis. Hence, she prays to allow the petition. The petitioner has produced a copy of order dated 17.12.2024 passed in C.P. No.100237/2024 to support her above contention.
On the other hand, the respondent has remained absent before this Court despite service of notice and failed to contest the grounds urged by the petitioner for seeking transfer of the case. As such, this Court finds no valid reason to disbelieve the contentions of the petitioner.
In N.C.V. Aishwarya Vs A.S. Saravana Karthik Sha, reported in 2022 LiveLaw (SC) 627 Hon'ble Apex Court has held that given the prevailing socio-economic paradigm in the Indian society, generally it is the wife’s convenience which must be looked at while considering transfer. Thus, considering the financial condition of the petitioner, her responsibility of taking care of three children as well as the distance between Muddebihal and Ramdurg, this Court holds that the petitioner has made out valid grounds to allow the petition.
In the result, this Court proceeds to pass the following:
ORDER
a. The Civil Petition is allowed.
b. The proceeding in M.C. No.79/2025 pending on the file of learned Senior Civil Judge and JMFC, Muddebihal is withdrawn and transferred to the Court of learned Senior Civil Judge and JMFC, Ramdurg, for its disposal in accordance with law.
c. The parties are directed to appear before the Court of learned Senior Civil Judge and JMFC, Ramdurg on 03.12.2026 at 11.00 a.m to take notice of further proceeding in transferred petition.
d. Office is directed to communicate the order to the concerned courts, forthwith.
In view of the disposal of the petition, pending applications if any, stand disposed of as they do not survive for consideration.