Allowed

Mehabubi v. Riyaz Ahamed

Karnataka HC16 Nov 2018CP/100004/2017

Case brief

AI extract

What is this about?

A wife petitioned for transfer of her husband's divorce suit and maintenance proceedings from Civil Judge, Hukkeri to Civil Judge/Nargund due to distance, poverty, harassment, and safety risks. The High Court of Karnataka allowed the transfer based on her residence in Nargund and safety concerns.

What did the court decide?

O.S. No. 55/2016 pending at Civil Judge, Hukkeri is withdrawn and transferred to Civil Judge and JMFC, Nargund.

Mehabubi Vs Riyaz Ahamed — Domestic Violence | Karnataka HC (2018)

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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

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DATED THIS THE 16^TH DAY OF NOVEMBER 2018

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BEFORE

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THE HON’BLE MR.JUSTICE B.A.PATIL

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C.P. NO.100004/2017

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BETWEEN

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MEHABUBI W/O RIYAZ AHAMED MULTANI, AGED ABOUT 29 YEARS, OCC: HOUSEWIFE, R/O: KONNUR, TQ: NARGUND, DIST: GADAG.

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... PETITIONER

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(BY SRI. K L PATIL & SRI. S.S.BETURMATH, ADVS.)

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AND

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RIYAZ AHAMED S/O MALIKSAB MULTANI, AGED ABOUT 40 YEARS, OCC: GOVT. SERVANT, R/O: HULLOLLI, TQ HUKKERI, DIST: BELAGAVI.

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... RESPONDENT

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(RESPONDENT SERVED)

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THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CPC PRAYING TO PASS AN ORDER TRANSFERRING THE SUIT BEARING O.S. NO.55/2016 FROM CIVIL JUDGE, HUKKERI TO CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, NARAGUND.

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THIS CIVIL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:

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: 2 :

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ORDER

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Present petition has been filed by the petitioner –

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wife under Section 24 of CPC to transfer O.S. No.55/2016 pending on the file of the Civil Judge, Hukkeri to Civil Judge and JMFC, Nargund.

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I have heard the learned counsel for the

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petitioner. Respondent though served with the notice, he remained absent.

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It is the contention of the learned counsel for the petitioner that the marriage of the petitioner was solemnized with the respondent on 19.05.2013. Thereafter, the respondent started ill-treating and harassing and demanded dowry and threw her out of the matrimonial home. Now she is residing along with her parents at Nargund. She further submitted that she filed Criminal Miscellaneous No.246/2013 for claiming maintenance against the respondent and it is very difficult for her to attend the Court at Hukkeri which is at a distance of more than 150 kms.

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: 3 :

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It is further submitted that the petitioner is

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poor and she is residing along with her parents. It is very difficult for her to travel without the assistance of anybody. It is further submitted that there is a life threat to her if she attends the Court at Hukkeri. On these grounds he prayed to allow the petition.

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I have carefully and cautiously gone through the submissions made by learned counsel for the petitioner and also perused the records.

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It is not in dispute that respondent is the

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husband of the petitioner and now petitioner is residing at Nargund along with her parents. It is her specific case that the respondent has filed O.S. No.55/2016 for divorce and it is very difficult for her to attend the Court at Hukkeri, as no one is there to accompany her to attend the Court at Hukkeri. It is the specific case of the petitioner that no maintenance has been paid by the respondent – husband and she is financially poor and it

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: 4 :

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is very difficult for her to come and attend the Court at Hukkeri by spending huge amount. It is well established principles of law that the convenience of the petitioner – wife and her residence has to be taken into consideration while dealing with the transfer petition filed under Section 24 of CPC. This preposition has been laid down in the case of Suhashini vs. S.B.Mahendra Kumar reported in ILR 2015 KAR 2804 .

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Keeping in view the above facts and

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circumstances, I feel that if the above said petition is transferred to Civil Judge and JMFC, Nargund, it is going to meet the ends of justice.

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Hence, the petition is allowed. O.S. No.55/2016 pending on the file of the Civil Judge, Hukkeri is hereby withdrawn and the same is made over to Civil Judge and JMFC, Nargund to dispose of the case in accordance with law.

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Sd/JUDGE

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Rsh

Mehabubi v. Riyaz Ahamed

Case brief

What is this about?

What did the court decide?

Mehabubi v. Riyaz Ahamed

Case brief

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