Allowed

Shri.Shivappa S/O Eerappa Meti v. Sri.Ramesh Shivaputrappa Jamadar

Karnataka HC13 Aug 2020CP/100115/2019

Case brief

AI extract

What is this about?

Parents (petitioners) sought transfer of a custody suit involving two minor granddaughters from Hubballi to Belagavi Family Court under Section 24 CPC. The High Court allowed the transfer, directing the file to Belagavi where the children reside with their grandparents.

What did the court decide?

Transfer of G & W No.4/2018 from the Principal Judge Family Court, Hubballi to the Family Court, Belagavi.

Shri.Shivappa S/O Eerappa Meti Vs… — Child Custody and Guardianship | Karnataka HC (2020)

¶1

IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

¶2

DATED THIS THE 13^TH DAY OF AUGUST 2020

¶3

BEFORE

¶4

THE HON’BLE MR. JUSTICE M.NAGAPRASANNA

¶5

C.P.NO.100115/2019

¶6

BETWEEN

¶7

SHRI.SHIVAPPA S/O EERAPPA METI AGE: 56 YEARS, OCC: RETIRED, R/O: INAM HONGAL, IRRIGATION QUARTERS, SAVADATTI, DIST: BELAGAVI.

¶8

SMT.SHARADA W/O SHIVAPPA METI AGE: 49 YEARS, OCC:HOUSEWIFE, R/O: INAM HONGAL, IRRIGATION QUARTERS, SAVADATTI, DIST: BELAGAVI.

¶9

... PETITIONERS

¶10

(BY SRI.BHUSHAN B.KULKARNI, ADV.)

¶11

AND

¶12

SRI.RAMESH SHIVAPUTRAPPA JAMADAR AGED ABOUT: 35 YEARS, OCC: DRIVER, R/O: BHAIRIDEVARAKOPPA, NAVANAGAR, TQ: HUBBALLI, DIST: DHARWAD.

¶13

... RESPONDENT

¶14

(BY SRI.VISHWANATH S.BICHAGATTI, ADV.)

¶15

THIS PETITION IS FILED U/SEC.24 OF CPC, 1908, PRAYING TO ORDER FOR TRANSFER OF THE MATRIMONIAL CASE BEARING G&W NO. 4/2018 FILED BY THE RESPONDENT U/S 6 AND 13 OF HINDU MINORITY AND GUARDIANSHIP ACT, 1956, READ WITH SECTION 17 OF GUARDIANS AND WARDS ACT, ON THE FILE OF THE LEARNED PRINCIPAL JUDGE, FAMILY COURT, HUBBALLI TO THE COURT OF THE LEARNED FAMILY COURT, BELAGAVI, IN THE INTEREST OF JUSTICE AND EQUITY

¶16

¶17

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

¶18

ORDER

¶19

The present petition is filed under Section 24 of CPC to transfer G & W.No.4/2018 on the file of the Principal Judge Family Court, Hubballi to the Family Court, Belagavi.

¶20

Brief facts leading to the filing of the present petition are as follows:

¶21

The parents of a daughter by name Shweta have presented this petition seeking transfer of G & W No.4/2018 filed by the respondent herein under Sections 6 and 13 of the Hindu Minority & Guardianship Act, 1956 read with Section 17 of the Guardians and Wards Act, 1890 on the file of the Principal Judge, Family Court, Hubballi.

¶22

The daughter of the petitioners by name Shweta was married to the respondent on 25.05.2010 at Hubballi. It is contended by the parents that their daughter was harassed to bring dowry from her parental house on the ill-advise by the parents of the respondent. It is alleged

¶23

¶24

that the respondent was given to drinking and gambling and began to ill-treat the daughter of the petitioners physically and mentally barely 15 days after the marriage. Their daughter was frequently meted out with physical and mental harassment, due to which the petitioners had approached jurisdictional police, which was later settled by intervention of the elders.

¶25

Again on the aforesaid incidents were repeated by the respondent-husband, the petitioners had approached Women’s Grievance Redressal Forum at Dharwad and registered case No.1304/2012. After registration of the said case, the respondent-husband took their daughter back to his house where she gave birth to a female child on 03.06.2012. Later, the daughter of the petitioners again gave birth to another female child on 07.11.2014. On the ground that their daughter had delivered two female children, the respondent-husband did

¶26

¶27

not even come and visit the daughter. Since then, the daughter is living with the petitioners.

¶28

It transpires that, on 25.08.2017, the daughter

¶29

of the petitioners and wife of the respondent died due to electrocution in her parents’ house. After her death, the respondent-husband did not even come and see the children and immediately within eight months got remarried. It is further alleged that only with a view to harass the petitioners the respondent-husband has filed the case in G & W No.4/2018 under Sections 6 and 13 of the Hindu Minority & Guardianship Act, 1956 read with Section 17 of the Guardians and Wards Act, 1890 for custody of the children. It is submitted that both the grand children right from their birth are residing with the grand parents at Belagavi and travelling to Hubballi in the case filed by the respondent-husband who has never seen the children right from their birth would cause extreme difficulty to them.

¶30

¶31

I have heard Sri.Bhushan B.Kulkarni, learned

¶32

counsel for the petitioners and Sri.Vishwanath S.Bichagatti, learned counsel for the respondent through video conference.

¶33

The facts narrated hereinabove are not in dispute. The petitioners would submit that petitioner No.2 is suffering from high diabetes and blood pressure and petitioner No.1 due to age related illness. Both children are residing with grand parents, namely, the petitioners right from their birth at Belagavi. Respondent-husband has never seen the children right from their birth and now has filed a case for custody of the children invoking Sections 6 and 13 of the Hindu Minority & Guardianship Act, 1956 read with Section 17 of the Guardians and Wards Act, 1890 after having remarried.

¶34

In the peculiar facts and circumstances of the

¶35

case, in my opinion, it would meet the ends of justice, if the case filed by the husband under Sections 6 and 13 of

¶36

¶37

the Hindu Minority & Guardianship Act, 1956 read with Section 17 of the Guardians and Wards Act, 1890 for custody of his children is transferred to Belagavi where the children are residing with their grand parents.

¶38

In the result, the civil petition succeeds and it is accordingly allowed. I direct the transfer of G&W.No.4/2018 on the file of the Principal Judge Family Court, Hubballi to the Family Court, Belagavi.

¶39

Sd/JUDGE

¶40

MBS/-

Shri.Shivappa S/O Eerappa Meti v. Sri.Ramesh Shivaputrappa Jamadar

Case brief

What is this about?

What did the court decide?

Shri.Shivappa S/O Eerappa Meti v. Sri.Ramesh Shivaputrappa Jamadar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Suvarna W/O Vithal Mallapur Vs the Manager, Iffco-Tokio General

Kavita W/O Nanappa @ Dyanesh Kamble Vs the Manager Iffco-Tokio General Insurance Co.Ltd.

Nasreen W/O Mohammadgous Nippanikar, Vs Ravi S/O Ashok Hubli

Vishwanath S/O. Narayanappa Kambar Vs Mahadevappa S/O. Kudleppa Magi

Smt. Kavita Ambiger Vs Shri. K. Ramesh Kumar

Kalingappa S/O Irappa Pattappanavar Vs the Managing Director