Allowed

Smt. Shashikala W/O Iranna Ganiger v. Iranna S/O Shivaputrappa Ganiger

Karnataka HC6 Jun 2022CP/100059/2022

Case brief

AI extract

What is this about?

The High Court of Karnataka allowed a petition under Section 24 of CPC transferring a divorce petition filed at Badami to the Family Court at Vijaypur, finding no prejudice to the respondent and noting the petitioner's residence shift.

What did the court decide?

Civil petition allowed; M.C. No. 32/2021 transferred from Senior Civil Judge, Badami to Family Court, Vijaypur.

Smt. Shashikala W/O Iranna Ganiger Vs Iranna S/O… — Matrimonial and Divorce | Karnataka HC (2022)

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CP No. 100059 of 2022

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 06TH DAY OF JUNE, 2022

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BEFORE

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THE HON'BLE MR JUSTICE R.DEVDAS CIVIL PETITION NO. 100059 OF 2022 (-)

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BETWEEN:

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SMT. SHASHIKALA W/O IRANNA GANIGER AGE. 30 YEARS, OCC. HOUSEHOLD WORK, R/O. SANJAY GANADHI NAGAR, INDI ROAD, WARD NO.13, VIJAYPUR-586101, TQ AND DIST. VIJAYPUR

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…PETITIONER

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(BY SRI. N.L.BATAKURKI, ADVOCATE)

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AND:

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IRANNA S/O SHIVAPUTRAPPA GANIGER AGE. 35 YEARS, OCC. EX-ARMY R/O. GANIGER ONI, BADAMI TQ. BADAMI, DIST. BAGALKOT

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…RESPONDENT

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VINAYAKA B V

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Digitally signed byVINAYAKA B V Location: Dharwad Date: 2022.06.09 10:20:59 +0530

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(BY SRI.S.C.HIREMATH, ADVOCATE)

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CIVIL PETITION FILED U/SEC.24 OF CPC, PRAYING TO WITHDRAW THE PETITION FILED AGAINST PETITIONER HEREIN IN MC NO.32 OF 2021 ON THE FILE OF SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS BADAMI AND TRANSFER THE SAME TO THE FILE OF THE FAMILY COURT AT VIJAYPUR, IN THE INTEREST OF JUSTICE AND EQUITY.

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

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CP No. 100059 of 2022

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ORDER

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R.DEVDAS J., (ORAL):

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This civil petition is filed under Section 24 of CPC by the petitioner/wife seeking transfer of M.C.No.32/2021 from the file of Senior Civil Judge & JMFC, Badami to the Family Court at Vijaypur.

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The learned counsel for the petitioner submits that petitioner/wife has filed a petition under Section 125 of Cr.P.C. seeking maintenance in Crl.Misc.No.374/2019 on 26.07.2019. However, after the petitioner filed the petition at Vijaypur, respondent/husband filed M.C.No.32/2021 at Badami seeking a decree of divorce. Learned counsel for the petitioner submits that respondent has deliberately filed the petition at Badami, only to harass the petitioner.

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Per contra, statement of objections is filed at

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the hands of the respondent and it is contended that the parental house of the petitioner is at Lakkasakoppa of Badami taluk. On the other hand, the petitioner claims to be residing with her aunt at Vijaypur. There cannot be any

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CP No. 100059 of 2022

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reason which could justify that petitioner had any cause of action to file a criminal miscellaneous petition at Vijaypur. He further submitted that petitioner has also filed a complaint at Badami on the basis of which a criminal case has been registered against the respondent in C.C.No.16/2019 by Badami Police. However, learned counsel for the petitioner submits that when the complaint was given, the petitioner was residing with her parents at Lakkasakoppa and therefore, the complaint was filed at Badami. Nevertheless, subsequently, in view of poverty of the parents, the petitioner’s aunt is taking care of her and the petitioner is residing in Vijaypur from 2019 and therefore, to substantiate that contention, the petitioner has also filed Aadhar Card to show the place of residence at Vijaypur.

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Having heard the learned counsels and on perusing the petition papers, this court finds that respondent claims to be an Ex-Serviceman and is presently an agriculturist carrying on his occupation at

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CP No. 100059 of 2022

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Badami. The petitioner, on the other hand has made several allegations against the respondent, including complaints being filed against the respondent for harassment and a crime has been registered against the respondent. Moreover, the respondent has been attending to the criminal miscellaneous petition filed by the petitioner at Vijaypur. Therefore, no harm or prejudice will be caused to the respondent if the matrimonial case is transferred from Badami to Vijaypur where both the matters could be heard and disposed of.

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Consequently, the civil petition is allowed. M.C.No.32/2021 stands transferred from the court of Senior Civil Judge and JMFC, Badami to the Family Court at Vijaypur.

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Registry is directed to inform the learned Senior Civil Judge and JMFC, Badami about this order and ensure that papers are transferred to the Family Court at Vijaypur.

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SD JUDGE

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MBS/-

Smt. Shashikala W/O Iranna Ganiger v. Iranna S/O Shivaputrappa Ganiger

Case brief

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Smt. Shashikala W/O Iranna Ganiger v. Iranna S/O Shivaputrappa Ganiger

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