Wife's Convenience Prevails In Maintenance Cases; Husband's Plea Citing Widowed Mother Not Ground For Transferring Case: Karnataka High Court

Refusing to transfer a maintenance case on the husband's request, the Karnataka High Court observed that merely because his mother is a widowed aged lady would not be a ground for seeking transfer of the case from Chikkamagaluru to Bengaluru where he is residing.

The court was hearing the husband's plea seeking transfer maintenance case pending before family court in Chikkamagaluru to the family court in Bengaluru.

The marriage of petitioner husband with the respondent wife took place on 28.03.2024 at Chikkamagaluru. After marriage, the wife resided with the husband in Bengaluru. Thereafter, dispute started between the couple. The wife then started residing at her parent's house in Chikkamagaluru.

She filed a plea under Section 144 of BNSS before the family court in Chikkamagaluru seeking maintenance of Rs.50,000 per month from the petitioner. The petitioner approached the high court seeking transfer of the maintenance petition on the ground that he is residing in Bengaluru. He argued that he has a widowed mother who is dependent on him and he cannot leave her alone in Bengaluru and travel to Chikkumagaluru for every date of hearing.

Justice Shivashankar Amarannavar was informed that there is no any order of interim maintenance by the Family Court, Chikkamagaluru and husband's counsel said that no such prayer had been made by the wife seeking interim maintenance.

"The respondent is not having any avocation and she is claiming maintenance from her husband. It is the convenience of the wife which is to be looked into whenever transfer of the cases is sought. If the case is transferred as sought for by the petitioner as well, it will cause inconvenience to the respondent - wife as she has to travel from Chikkamgaluru to Bengaluru as she is not having any avocation and no interim maintenance is ordered by the Family Court, Chikkamagaluru. Mainly because the petitioner's mother is widowed aged lady is not a ground for seeking transfer of the case from Chikkamagaluru to Bengaluru where the petitioner is residing. Considering the above aspect, there are no grounds made out for transfer of the maintenance case as sought for," the court said.

Meanwhile the husband's counsel submitted that the petitioner had met with accident and he has sustained injury to his leg; he is thus unable to travel from Bengaluru to Chikkamagaluru to for the case. The court however said that this aspect was not made a ground in the transfer petition.

Finding no grounds to transfer the case the court dismissed the husband's plea.

Case title: SRI. SRIDUTTA S. v/s SMT. POOJITHA O

CRIMINAL PETITION NO. 4556 OF 2025

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