- 1 - HC-KAR NC: 2025:KHC-D:9967 CP No. 100114 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 7TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CIVIL PETITION NO. 100114 OF 2025 BETWEEN: SMT. RENUKA W/O. RAGHAVENDRA RAICHUR AGE. 29 YEARS, OCC. HOUSEHOLD WORK, R/O. C/O. MAHADEVAPPA RANGANNAVAR NO.2103 KALAKALESHWARA BADAVANE GAJENDRAGADA, DIST. GADAG-582101. …PETITIONER (BY SRI. ARAVIND D. KULKARNI, ADVOCATE) AND: RAGHAVENDRA S/O. RAMCHANDRA RAICHUR AGE. 33 YEARS, OCC. ENGINEER, R/O. KADASIDDESHWARA COLONY, JAMKHANDI-587301. …RESPONDENT (SERVICE HELD SUFFICIENT) THIS CIVIL PETITION IS FILED U/SEC.24 OF CPC, PRAYING TO TRANSFER MC NO.24/2025 PENDING ON THE FILE OF PRINCIPAL SENIOR CIVIL JUDGE AND JMFC, JAMKHANDI TO PRINCIPAL SENIOR CIVIL JUDGE, RON, IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR ORDERS, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.08.16 10:22:46 +0530 - 2 - HC-KAR NC: 2025:KHC-D:9967 CP No. 100114 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE G BASAVARAJA) Heard learned counsel for the petitioner. 2. Petitioner has filed this petition under Section 24 of the CPC seeking to transfer M.C.No.24/2025, which is pending before the Principal Senior Civil Judge and JMFC, Jamkhandi, Bagalkote to the Court of Principal Senior Civil Judge, Ron. 3. In the petition, petitioner has urged the grounds for transfer of the case as under : “1. It is submitted that under the facts and the circumstances of the case stated herein above in the interest of justice, interference of this Hon'ble Court is very much required. 2. That, Petitioner as of now is residing Gajendragada where her parents also stays and the MC No.24/2025 is filed at Jamkhandi, it will be very difficult for the petitioner to appear on all the dates of hearing. That apart there is a life threat to the petitioner from the Respondent and his family members; under these circumstances petitioner will not be able to defend herself effectively in M.C. No.24/2025. Fair and reasonable opportunity to - 3 - HC-KAR NC: 2025:KHC-D:9967 CP No. 100114 of 2025 defend herself is must, otherwise the Petitioner will be put to great hardship and irreparable loss. On this ground alone interference of this Court is very much necessary to meet the ends of justice. 3. It is submitted that Petitioner being a house wife is unable to maintain herself, therefore, Petitioner requested the Respondent herein to provide maintenance for which the Respondent avoided to give maintenance. Therefore, Petitioner left with no alternative remedy filed a petition under Section 144 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 for grant of maintenance of Rs.50,000/-. The same is pending on the file of Prl. Civil Judge and JMFC Ron, Gadag and the Hon'ble Court issued Notice to the Respondent herein on the said petition; now the Respondent has appeared in the said Petition through his Counsel and has also filed objections to the Petition. As the Respondent herein is appearing in the said petition filed under Section 144 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 and if M.C.No. 24/2025 is also transferred to Prl. Civil Judge and JMFC Ron, Respondent herein will not be put to any kind of inconvenience. Therefore, on this ground also interference of this Court is very much required. 4. That, Petitioner is a lady is not in a position to travel on all the dates of hearing to Jamkhandi - 4 - HC-KAR NC: 2025:KHC-D:9967 CP No. 100114 of 2025 from Gajendragada and attend the case. It would be difficult for her to travel from Gajendragada to Jamkhandi to contest proceedings from time to time. Therefore, in the ends of justice, it is proper to transfer M.C.No.24/2025 to Prl. Civil Judge and JMFC, Ron. 5. As the Petition filed under Section 144 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 filed by the petitioner herein is pending before PRL. Civil Judge and JMFC Ron and Respondent herein has already appeared and filed his objections to the said case, if the MC No.24/2025 is also transferred to PRL. Civil Judge and JMFC Ron Respondent will not be put to any kind of prejudice. Both the cases can be conducted before the same court ie., PRL. Civil Judge and JMFC Ron which will avoid multiplicity in trial of same issues and conflict of decisions. 6. That, first of all petitioner has no financial assistance and if she is made to travel from time to time to Jamkhnadi, she will be put to greater hardship and may not be in a position to defend herself effectively. 7. It is submitted that, the apex court in the matter of Civil Appeal No.4894/2022 between N.C.V Aishwarya V/s A.S. Saravana Karthik Sha, has held that: - 5 - HC-KAR NC: 2025:KHC-D:9967 CP No. 100114 of 2025 "The cardinal principle for exercise of power under Section 24 of the Code of Civil Procedure is that the ends of justice should 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 both the parties, the social strata of the spouses and their behavioral pattern, their standard of life prior to the marriage and subsequent thereto and the circumstances of both the parties in eking out their livelihood and under whose protective umbrella they are seeking their sustenance to life. 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". 8. it is submitted that this Hon'ble Court has held in the case of M.V. Rekha v. Sathya alias Suraj reported in (2011) 2 Kant LJ 643, referred in Bindu P S. V/s Jayaprakash G, (2019) 3 Kant LJ 432 that; - 6 - HC-KAR NC: 2025:KHC-D:9967 CP No. 100114 of 2025 "15. The cardinal principle for exercise of power under Section 24 of the Code of Civil Procedure 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 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." - 7 - HC-KAR NC: 2025:KHC-D:9967 CP No. 100114 of 2025 9. It is submitted that Hon'ble Apex Court in case of Sumita Singh V/s Kumar Sanjay & another, 2001 (10) SCC 41 has held that "it is the wife's convenience which must be looked at while considering transfer. 10. Even in the present case, as admitted by the parties, M.C. No.24/2025 filed for divorce is pending before the Prl. Sr. Civil Judge and JMFC, Jamkhandi and other petition filed by the petitioner-wife for maintenance is pending before the Prl. Civil Judge and JMFC Ron. When two proceedings in different Courts which rise common question of fact and law, the decision is interdependent, it is desirable that all the cases are tried together with the same Judge so as to avoid multiplicity in trial of the same issues and conflict of decisions and also it is the wife's convenience which must be looked at while considering transfer. 11. It is submitted that Hon'ble Apex Court in a similar circumstance has held as follows:- "The cardinal principle for the exercise of power of transfer is that the ends of justice demand the transfer the proceedings. Paramount consideration must be to see that justice according to law is done; is for achieving that objective the transfer of the case is imperative, there should be no hesitation to transfer the case even if it is likely - 8 - HC-KAR NC: 2025:KHC-D:9967 CP No. 100114 of 2025 to cause some inconvenience to the person who has initiated the proceedings". 12. That, Petitioner herein has filed maintenance petition on 23/11/2024 against the Respondent and the respondents MC No.24/2025 is filed subsequently on 15-04-2025. Therefore, the same is filed only as a counter blast. It is submitted that Hon'ble Apex Court in case of Gana Saraswathi V/s H Raghu Prasad, (2000) 10 SCC 277 has held appropriate to allow the transfer petition filed by the wife having regard to the situation of the wife as the petition filed by wife being earlier petition and the petition filed by husband is a counterblast to the wife's petition. 13. It is submitted that Respondent has initiated proceedings in Jamakhandi and Petitioner herein is residing in Gajendragada, the distance between the said 2 places around 150 km. As due to the said distance as well as the fact that Petitioner is afraid of travelling to Jamakhandi, is presenting the captioned petition seeking for transfer of the said case to Ron so that she will be able to defend the same in a fair and reasonable manner.” 4. Despite service of notice, sole respondent remained absent and unrepresented. Petitioner produced the copy of - 9 - HC-KAR NC: 2025:KHC-D:9967 CP No. 100114 of 2025 petition filed by the respondent/husband in M.C.No. 24/2025 on the file of Principal Senior Civil Judge, Jamkhandi as well as copy of order sheet and copy of petition pertains to Crl.Misc.No.711/2024 filed by petitioner/wife. There are no materials to discard the grounds urged by the petitioner, hence, I proceed to pass the following : ORDER (i) Petition filed under Section 24 of the CPC is allowed. (ii) The M.C.No.24/2025 on the file of Principal Senior Civil Judge and JMFC, Jamkhandi shall be transferred to the Court of Principal Senior Civil Judge, Ron for disposal in accordance with law. (iii) Registry is directed to send a copy of this order to the respondent by RPAD. - 10 - HC-KAR NC: 2025:KHC-D:9967 CP No. 100114 of 2025 (iv) Registry is also directed to send copy of this order to both Courts mentioned above, for taking necessary action. Sd/- (G BASAVARAJA) JUDGE CKK CT-CMU LIST NO.: 1 SL NO.: 20