Vijayalaxmi vs Aanand

S. Abdul Nazeer, J.—The respondent herein filed a petition before the Civil Judge (Sr. Dn.), Gokak, seeking dissolution of his marriage with the petitioner herein u/s 13(1)(ia) and (ib) of the Hindu Marriage Act in M.C. No. 89/2013.

After service of notice in the said case, the petitioner has filed this civil petition seeking transfer of the said case to the Court of Senior Civil Judge at Gadag.

Learned counsel for the petitioner/wife submits that the petitioner is residing with her parents in their house at Gadag. She does not have any income. She is not in a position to travel to Gokak, which is about 250 km away from Gadag to attend the case. She does not have any male support. The respondent herein is threatening her of dire consequences if she attends the Court at Gokak.

On the other hand, the learned advocate appearing for the respondent/husband has opposed the petition. He submits there is absolutely no substance in the contentions of the petitioner seeking transfer of the case. He prays for dismissal of the civil petition.

I have carefully considered the arguments of the learned counsel at the Bar and perused the materials placed on record.

The cardinal principle for exercise of power u/s 24 of the CPC is that ends of justice demand the transfer of the suit, appeal or other proceeding. In matrimonial matters, wherever Courts are called upon to consider the plea of transfer, the Courts have to take into consideration the economic soundness of either of the parties, the social strata of the spouses and behavioural pattern, their standard of life antecedent to marriage and subsequent thereon and the circumstances of either of the parties in eking out their livelihood and under whose protective umbrella they are seeking their sustenance to life. Generally, it is the wife''s convenience which must be looked at while considering the transfer.

In the instant case, there is no dispute that the petitioner is staying with her parents at Gadag and there is no material on record to show that she is having any source of income. She is completely depending on her parents for her maintenance and shelter. On the other hand, the respondent is having immoveable properties at Gokak. He is doing agriculture. The distance between Gadag and Gokak is about 250 km. In order to pursue the matter at Gokak, the petitioner has to travel all alone from Gadag to Gokak, because it is her contention that she does not have any male support. Having regard to the facts and circumstance of the case, I am of the view that it is just and proper to transfer the case from the Court of I Addl. Senior Civil Judge, Gokak to the Court of Senior Civil Judge at Gadag.

In the result, the Civil Petition succeeds and it is accordingly allowed. I direct the transfer of M.C. No. 89/2013 pending on the file of 1st Additional Senior Civil Judge at Gokak to the Senior Civil Judge at Gadag, forthwith. No costs.