- The High Court of Karnataka said that the courts must consider the hardships that might be caused to the parties at the time of deciding an application under Section 24 of CPC for transfer of proceedings from one court to another, rather than looking into the convenience of parties.
- Single Judge bench presided over by Justice E.S. Indiresh dismissed the petition filed by a wife seeking transfer of pending proceedings from Additional Principal Judge, Family Court, Bangalore to Family Court, Doddaballapura.
- The petitioner submitted that it would be difficult for her to attend proceedings regularly in Bangalore.
- The respondent argued that the petitioner was working at Chikkaballapura and proceedings are at the cross-examination stage of the petitioner. Respondents sought dismissal of the petition.
- The Bench observed by way of records and held that it is grounded principle that transfer of petition cannot be sought as under Section 24 of CPC.
- The judgment read, “The bench went through the records and said, "It is also a well-settled principle that convenience of the parties is not the ground to seek transfer of petition under Section- 24 of Code of Civil Procedure but the hardship that would cause to the parties should be looked into."
- Referring to the judgment delivered by Supreme Court in Dr. Subramaniam Swamy Vs Ramakrishna Hegde, wherein it was held that mere convenience of parties cannot qualify as a ground to transfer petition but the presence of a sufficient cause as in transfer petition that the trial chosen will result in denial of justice to parties.
- The High court held that considering the judgment of the apex court and the petitioner working at Chikkaballapura was of the view that the travel between Doddaballapura to Bangalore was commutable.
- It read as follows, "Following the law declared by the Hon'ble Apex Court and taking into consideration the fact that the petitioner is working at Chikkaballapura. I am of the view that the distance between Doddaballapura to Bangalore is commutable in nature. Therefore, I do not find any acceptable grounds to transfer the petition from the competent court in Bangalore to Doddaballapura. Accordingly, the Civil Petition is dismissed."
- Thus there exists no reasonable ground to transfer the petition and the petition was dismissed.
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