Smt. Sushma. K vs Sri. Tejomurthy on 17 January, 2020

Introduction

On January 17, 2020, the High Court of Karnataka at Bengaluru delivered a judgment in the case of Smt. Sushma K. vs. Sri. Tejomurthy. The petitioner, Smt. Sushma K., sought the transfer of a matrimonial case from the Family Court in Bengaluru to the Family Court in Tumakuru. The case highlights issues of accessibility and convenience in the legal proceedings between the estranged couple.

Background

Smt. Sushma K., a resident of Tumakuru, filed a petition under Section 24 of the Code of Civil Procedure. She had already initiated Matrimonial Case No. 231/2018 in the Family Court at Tumakuru seeking restitution of conjugal rights. Concurrently, her husband, Sri. Tejomurthy, filed Matrimonial Case No. 4393/2018 in the Family Court at Bengaluru seeking a decree of nullity of their marriage. Smt. Sushma sought to have her husband’s case transferred to Tumakuru to consolidate the proceedings.

Key Arguments

Petitioner’s Arguments

Smt. Sushma K.’s counsel argued that she lacked the financial means to travel from Tumakuru to Bengaluru for court proceedings. She emphasized the hardship and inconvenience caused by the distance, as she was not earning an income.

Respondent’s Arguments

Sri. Tejomurthy’s counsel initially contended that it would be easier for Smt. Sushma to travel to Bengaluru, offering to cover her travel expenses. However, after extended discussions, the respondent’s counsel agreed to the transfer but requested the court to ensure an expedited resolution of the case in Tumakuru.

Court’s Observations

Justice R. Devdas, upon hearing both parties, acknowledged the practical difficulties faced by Smt. Sushma. The court took into consideration the financial disparity between the petitioner, who had no means of support, and the respondent, who was employed as a Deputy Manager earning a substantial salary. The court recognized the need for a fair and accessible legal process for both parties.

Court’s Decision

The court allowed the petition, transferring Matrimonial Case No. 4393/2018 from the Family Court in Bengaluru to the Family Court in Tumakuru. Additionally, the court directed the Family Court in Tumakuru to expedite the proceedings, ensuring a resolution within six months from the receipt of the certified copy of the order.

Conclusion

The judgment in Smt. Sushma K. vs. Sri. Tejomurthy underscores the court’s commitment to ensuring equitable access to justice, particularly in matrimonial disputes. By transferring the case to a more convenient location for the petitioner and mandating a swift resolution, the court balanced the interests of both parties, facilitating a fair trial and minimizing undue hardship.

Ref: https://indiankanoon.org//doc/42959618/

Leave a Reply

Your email address will not be published. Required fields are marked *