(Prayer: This Civil Petition is filed under Section 24 of CPC, praying to the M.C.No.170/2025 filed by the respondent herein before the Principal Judge, Family Court Haveri as per Annexure-D may kindly be withdraw and transferred to The Court of Principal Judge, Family Court, Hubballi for disposal in accordance with law, wherein the present petitioner has filed Crl.Misc.No.456/2024, for the recovery of arrears of maintenance as per Annexure-C by allowing this petition, in the interest of justice and equity.)

Oral Order

1. Heard arguments of both sides.

2. This petition is filed under Section 24 of C.P.C. praying for transfer of M.C.No.170/2025 from Principal Judge, Family Court, Haveri to Principal Judge Family Court, Hubballi wherein petitioner has filed Crl.Misc.No.456/2024 for the recovery of arrears of maintenance.

3. Petitioner contended that the marriage of petitioner and respondent was solemnized on 29.04.2007 as per the customs prevailing in their community in Dharwad. After the marriage, petitioner gave birth to two children i.e. Diya and Shreyas on 13.01.2010 and 23.06.2016 respectively. The respondent has not taken care of petitioner and her children and without tolerating his ill- treatment, she left the matrimonial home and came to her parental house at Haveri and she has filed Misc.No.165/2019 claiming maintenance and it was partly allowed granting maintenance of ₹5,000/- each to petitioner and to her children. Then, she has filed recovery petition in Crl.Misc.No.311/2023 and Crl.Misc.No.456/2024 before the Family Court, Hubballi and presently Crl.Misc.No.456/2024 is pending. In the meanwhile respondent has filed M.C.No.170/2025 before Principal Judge, Family Court, Haveri paying for dissolution of marriage under Section 13(1)(ib) of the Hindu Marriage Act, 1955 before the Principal Judge, Family Court, Haveri. It is difficult for petitioner to attend said Court at Havari which is at distance of 160 kilometres from Hubballi and she has to look after her two minor kids and hence, prayed for allowing the petition.

4. Learned counsel for the respondent Smt.Padmaja Tadapatri, orally objected to the petition stating that the distance between Haveri and Hubballi is only 76 kilometres and not 160 kilometres as alleged in the petition. Furthermore, it is not difficult for petitioner to travel from Hubballi to Haveri. Already she has filed maintenance petition and recovery petition before Hubballi. Hence, prayed for dismissal of the petition.

5. Having heard arguments of both sides, the point that arises for consideration is as below:

          Whether transfer of M.C.No.170/2025 from Principal Judge, Family Court Haveri to Principal Judge, Family Court, Hubballi is required?

6. Finding on this point is in affirmative for the following reasons:

7. Petitioner is the wife and admittedly she is residing at Hubballi. The distance between Hubballi and Haveri is 76 kilometres and it requires 1-½ hours to travel from Hubballi to Haveri. The petitioner has filed maintenance petition which was allowed, but the respondent is not paying maintenance amount also properly and the arrears of maintenance was ₹3,10,000/- as on 06.03.2025. Thus, petitioner is having no source of maintenance.

8. Under these circumstances, it will be a financial burden for the petitioner to travel from Hubballi to Haveri to attend the Court.

9. The matrimonial matters shall be conducted in the place which is convenient and feasible to the wife.

10. In this regard, this Court relies on the judgment of Hon'ble Apex Court in Civil Appeal No.4894/2022 (arising out of SLP(C) No.16465/2021, wherein at para No.9 it is held as follows:

          "9. 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 behavioural 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 socioeconomic paradigm in the Indian society, generally, it is the wife's convenience which must be looked at while considering transfer."

11. Relying on the aforesaid citation, this Court holds that the convenience and feasibility of wife shall be the paramount consideration while dealing with transfer of matrimonial cases.

12. Hence, I proceed to pass the following:

ORDER

          i) The petition is allowed.

          ii) M.C.No.170/2025, pending on the file of Principal Judge, Family Court, Haveri is withdrawn and transferred to Principal Judge, Family Court, Hubballi for disposal in accordance with law.

          iii) Parties to the petition are hereby directed to attend the Court at Hubballi without Court notice on 09.06.2026.