Section 24 CPC — Transfer Petition — Wife (Petitioner) Seeking Transfer of Husband’s Suit for Restitution of Conjugal Rights Petitioner-wife, Smt. Yasmin, filed a transfer petition under Section 24 CPC seeking transfer of O.S. No. 355/2025, a suit for restitution of conjugal rights and mandatory injunction filed against her by the husband (respondent) before the Civil Judge & JMFC, Savanur, to the Principal Family Court, Hubballi, where her BNSS petition is pending. Paras 2, 3

1. Section 24 CPC — Transfer Petition — Wife (Petitioner) Seeking Transfer of Husband’s Suit for Restitution of Conjugal Rights

Petitioner-wife, Smt. Yasmin, filed a transfer petition under Section 24 CPC seeking transfer of O.S. No. 355/2025, a suit for restitution of conjugal rights and mandatory injunction filed against her by the husband (respondent) before the Civil Judge & JMFC, Savanur, to the Principal Family Court, Hubballi, where her BNSS petition is pending.
Paras 2, 3

2. Parties Governed by Mohammedan Law — Proceedings: Wife Before Hubballi Family Court; Husband Before Savanur Civil Court

Marriage performed according to Mohammedan customs; wife has already filed Crl. Misc. No. 185/2025 (BNSS §144) before the Family Court, Hubballi.
Husband has filed O.S. 355/2025 for RCR and injunction before Civil Judge, Savanur.
Para 5

3. Wife’s Convenience — Difficulty in Attending Husband’s Chosen Forum — Paramount Consideration — Transfer Justified

Wife resides with two children, has no support from husband, and finds it difficult to travel to Savanur; her hardship is genuine.
Courts must prioritize wife’s convenience when deciding matrimonial transfers.
Paras 3, 6, 7

4. Husband’s Objection (That Wife Lives in Mattikatti, Not Hubballi) — Rejected

Husband’s allegation that the wife falsely claims to stay in Hubballi is rejected because:
(i) She has custody of two children;
(ii) Husband provides no maintenance;
(iii) Burden on wife is heavier.
Paras 4, 6

5. Two Proceedings Between Same Parties — Common Issues — To Be Tried Together

Wife’s BNSS petition and husband’s RCR suit involve interlinked matrimonial issues.
To avoid conflicting decisions and multiplicity of proceedings, both matters should be heard by the same court.
Para 7

6. Section 24 CPC — “Ends of Justice” Standard — Precedents Applied

For matrimonial transfers, the Court must consider:

• Economic strength of parties,

• Social background,

• Children’s custody,

• Practical ability to attend court,

• Protective environment available to the spouse.

Relied upon:

• Smt. M.V. Rekha v. Sathya @ Suraj, ILR 2010 KAR 5407,

• Nanda Kishori v. S.B. Shiva Prakash, AIR 1993 Kar 87,

• Sumita Singh v. Kumar Sanjay, AIR 2002 SC 396,

• Swarna Gouri v. Sri Vinayak Pujar, ILR 2007 Kar 4561.
  Para 7

7. Transfer Directed — Husband’s Suit Withdrawn from Savanur and Sent to Hubballi Family Court

The High Court allows the wife’s transfer petition, withdraws O.S. 355/2025 from the Civil Judge & JMFC, Savanur, and transfers it to the Principal Family Court, Hubballi, to be tried along with Crl. Misc. 185/2025.
Para 8

8. Courts Directed to Be Informed

Both courts to be notified regarding the transfer.
Para 8