IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT DHARWAD DATED THIS THE 30 T H DAY OF JULY 2012 BEFORE THE HON'BLE MR.JUSTICE S. ABDUL NAZEER CIVIL PETITION NO.523/2012 (Transfer) Between: Smt.[ENTITY] W/o.[ENTITY] Chikodi Age: 32 years, Occ: Household, R/o.Haveripeth, 1 s t Cross, Dharwad. Petitioner. (By Shri [ENTITY], Advocate.) And: [ENTITY] S/o.Channabasappa Chikodi Age: 47 years, Occ: Business, R/o.Near Urban Bank, Bellada Bagewadi, Tq: Hukkeri, Dist: Belgaum. Respondent. (By Shri [ENTITY], [ENTITY], Advocates.) This Civil Petition is filed under [SECTION] of the [ACT], praying to withdraw the [CASE NUMBER] on the file of Senior Civil Judge, Hukkeri, and transfer to the Court of the Judge, Family Court, Dharwad, in the interest of justice and equity. 2 This Civil Petition coming on for admission this day, the Court passed the following: ORDER
This petition is filed under [SECTION] of the [ACT] seeking transfer of [CASE NUMBER], pending on the file of Senior Civil Judge, Hukkeri, to the Family Court at Dharwad.
2. The petitioner contends that, she was married to the respondent on 16/07/1997 according to the Hindu rites and customs at Hukkeri and started living with her husband at his house in Hukkeri. After some time, the respondent started harassing her on one pretext or the other. He used to threaten her through his family members. Therefore, she came to her parents house at Dharwad. She filed a petition seeking divorce against the respondent in [CASE NUMBER], on the file of the Family Court at Dharwad. As a counter blast, the respondent has filed [CASE NUMBER] on the file of the Senior Civil Judge, Hukkeri, seeking restitution of conjugal rights.
3. Learned counsel for the petitioner submits that, the respondent had subjected the petitioner to physical and mental harassment. That is why she came to her parents house at Dharwad. She is completely dependent on her parents for her residence and maintenance. She has filed [CASE NUMBER], seeking divorce under [SECTION] of the [ACT]. Thereafter, the respondent has filed [CASE NUMBER] for restitution of conjugal rights under [SECTION] of the said Act. The petitioner is not in a position to support herself. She has to go to Hukkeri to attend the case along with a male member of her family, because she was threatened with dire consequences by the respondent. In the circumstances, [CASE NUMBER] may be transferred to the Family Court at Dharwad.
4. On the other hand, learned counsel appearing for the respondent submits that, no grounds have been made out for transfer of [CASE NUMBER] from the Court of Senior Civil Judge, Hukkeri, to the Family Court at Dharwad.
5. It is well established that, in matrimonial matters, the cardinal principle for exercise of power under [SECTION] of the [ACT] 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, social strata of the spouses and behavioral 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 of life. Generally it is the wife's convenience which must be looked at while considering the transfer. Further, when two proceedings in different Courts which raise common question of fact and law and when the decisions are interdependent, it is desirable that they should be tried together by the same Judge so as to avoid multiplicity in trial of the same issues and conflict of decisions (See [PRECEDENT], [PRECEDENT] and Smt. [PRECEDENT]).
6. In the instant case, there is no dispute as to the marriage between the petitioner and the respondent. The contention of the petitioner is that she was treated with cruelty by the respondent and his family members at her matrimonial home. That is why she was compelled to come to her parents house at Dharwad. She has filed a petition for divorce under [SECTION] of the [ACT], at Dharwad. After service of the summons in the said case, the respondent has filed the petition for restitution of conjugal rights before the Court of the Senior Civil Judge at Hukkeri. The contention of the petitioner is that, she is not employed and she is depending on her parents for her residence and maintenance. It is also her case that, she was threatened with dire consequences if she comes to Hukkeri. The respondent has not filed any case for transfer of [CASE NUMBER] pending on the file of the Family Court, Dharwad, to the Court of the Senior Civil Judge at Hukkeri. Therefore, the respondent has to come to Dharwad to attend [CASE NUMBER] filed by the petitioner. In the circumstances, transfer of [CASE NUMBER] from the Court of Senior Civil Judge at Hukkeri, to the Family Court at Dharwad will not make any difference to the respondent. Apart from the above, the questions for consideration in both the cases are more or less common and the decisions are interdependent. Therefore they should be tried in the same Court in order to avoid conflict of decisions. Learned counsel for the parties agree that in [CASE NUMBER] the petitioner has already been examined and the matter is posted for further evidence of the petitioner and that in [CASE NUMBER] evidence has not yet commenced. Therefore it may not be just and proper to club both the cases. It is sufficient if both the cases are tried by the same Court simultaneously and disposed of on the same date.
7. In the result, the Civil Petition succeeds and it is accordingly allowed. I direct transfer of [CASE NUMBER] pending on the file of the Senior Civil Judge at Hukkeri to the Family Court at Dharwad. I further direct that [CASE NUMBER] should be tried simultaneously with the [CASE NUMBER] and the judgment has to be passed in both the cases on the same day. No costs.
JUDGE.
Sma/-