This petition under Section 24 CPC sought transfer of a restitution of conjugal rights suit from Hosapete to Dharwad for the wife's convenience due to distance and expense. The court allowed the transfer to meet ends of justice.
Transfer of M.C.No.79/2019 from Principal Senior Civil Judge & JMFC, Hosapete to Principal Judge, Family Court, Dharwad.
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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH
DATED THIS THE 13T H DAY OF AUGUST 2020
BEFORE
THE HON’BLE MR. JUSTICE M.NAGAPRASANNA
C.P.100007/2020
BETWEEN :
SMT.KAVITA AMBIGER, W/O SRI K.RAMESH KUMAR, D/O LATE SRI LINGABASAPPA SIDDAPPA AMBIGAR, AGE : 30 YEARS, OCC; GOVERNMENT TEACHER, R/O “SHRI RENUKA NILAYA” CITB PLOT NO.763, BEHIND SDM COLLEGE, VANASIRINAGAR, SATTUR, DHARWAD.
.. PETITIONER
(BY SRI V.M.SHEELVANT, ADVOCATE)
AND :
SHRI K.RAMESH KUMAR S/O SRI K.HANUMANTAPPA, AGE : 32 YEARS, OCC; PRIVATE EMPLOYEE, R/O: NEAR BHARATI PRINTERS, CHAPPARADAHALLI, DOBIGAHTH ROAD, 27T H WARD, HOSPETE, DIST; BELLARY.
NOW RESIDING AT NMDC QUARTERS, TOWNSHIP, DONIMALAI, BELLARY.
... RESPONDENT
(BY SRI J.S.SHETTY, ADVOCATE)
THIS PETITION IS FILED UNDER SECTION 24 OF THE CODE OF CIVIL PROCEDURE PRAYING THIS COURT TO WITHDRAW M.C.NO.79/2019 FROM THE ADDL. SENIOR CIVIL JUDGE & JMFC, HOSPET AND BE MADE OVER TO THE HON’BLE FAMILY COURT, DHARWAD, FOR TRIAL AND DISPOSAL IN ACCORDANCE WITH LAW, TO MEET ENDS OF JUSTICE AND EQUITY.
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THIS PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
: ORDER :
The present petition is filed under Section 24 of the Code of Civil Procedure seeking transfer of M.C.No.79/2019 on the file of the Principal Senior Civil Judge and JMFC, Hosapete to the Principal Judge, Family Court, Dharwad.
leading to the filing of the present petition are as follows:
On 21.12.2018 the marriage between the petitioner and the respondent was solemnized at Hosapete. It is claimed that, soon after the marriage between the petitioner and the respondent, their relationship began to sore as the respondent and the family members of the respondent started harassing the petitioner both mentally and physically. Due to which, the
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petitioner had to leave the matrimonial house and stay with her parents at Dharwad.
statement of objections to the petition.
V.M.Sheelvant, appearing for the petitioner and learned Counsel Sri J.S.Shetty appearing for respondent through video conference.
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before the Principal Senior Civil Judge & JMFC at Hosapete seeking restitution of conjugal rights. It is contended that, it is difficult for the petitioner to travel from Dharwad to Hosapete on every date of listing of the case for its hearing as the distance between the two is about 200 Kms. The petitioner has no independent source of income to meet the travel expenses.
held by the Hon’ble Supreme Court in the case of Sumita Singh Vs. Kumar Sanjay and Another reported in AIR 2002 SC 396 , that the convenience of the wife has to be looked into at the time of considering the transfer application filed under Section 24 of the Code of Civil Procedure, which is also relied upon by the co-ordinate Bench of this Court in the case of
Suhashini Vs. S.B.Mahendra Kumar reported in ILR 2015 KAR 2804 . Keeping in view the above said proposition of law and the facts and
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circumstances, I am of the opinion that if the petition is allowed and the said matrimonial case is transferred, it would meet the ends of justice.
succeeds and it is accordingly allowed. I direct the transfer of M.C.No.79/2019 on the file of the Principal Senior Civil Judge & JMFC, Hosapete to the Court of Principal Judge, Family Court, Dharwad.
Sd/JUDGE
EM/-
1 issue framed by the court
Whether the civil petition filed under Section 24 of the Code of Civil Procedure seeking transfer of a matrimonial case for convenience of the wife should be allowed.
Colour shows how this judgement treated each authority
Sumita Singh Vs. Kumar Sanjay and AnotherRelied on¶34
AIR 2002 SC 396 · Who else cites this
Suhashini Vs. S.B.Mahendra KumarRelied on¶35
ILR 2015 KAR 2804 · Who else cites this
1 provisions across 1 enactments
SMT.KAVITA AMBIGER
SHRI K.RAMESH KUMAR
M.NAGAPRASANNA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
