This order is on a civil petition filed by the wife under Section 24 CPC for transferring matrimonial proceedings from Challakere to Davanagere, where she and her children reside. Considering the wife's lack of income and the children's education, the court allowed the petition.
The case is transferred to the Family Court at Davanagere for disposal.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2023:KHC:29343 CP No. 106 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR. JUSTICE S.G.PANDIT
CIVIL PETITION NO.106 OF 2021
BETWEEN:
SMT. SWATHI W/O THIPPERUDRASWAMY T. AGED ABOUT 29 YEARS, PRESENTLY R/AT 3RD MAIN, 13TH CROSS, VINOBA NAGAR, DAVANAGERE TOWN, DAVANGERE - 570 004.
…PETITIONER
(BY SRI. H.N. KASAL, ADVOCATE)
AND:
Digitally signed by ARUN KUMAR M S Location: High Court of Karnataka
THIPPERUDRASWAMY T. S/O THIPPESWAMY, AGED ABOUT 39 YEARS, OCC: POLICE HEAD CONSTABLE, R/AT CHALLAKERE POLICE STATION, CHALLAKERE TALUK, CHITRADURGA DISTRICT - 577 522. …RESPONDENT (BY SRI. M.T. JAGANMOHAN, ADVOCATE)
THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF THE CIVIL PROCEDURE CODE, PRAYING TO PASS AN ORDER OF TRANSFERRING M.C.NO. 32 OF 2018 PENDING ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, CHALLAKERE TO THE FAMILY COURT AT DAVANAGERE.
NC: 2023:KHC:29343 CP No. 106 of 2021
THIS PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R
This petition is filed under Section 24 of the Civil
Procedure Code by the petitioner-wife praying to transfer M.C. No.32 of 2018 filed by the respondent-husband pending on the file of Senior Civil Judge and JMFC, Challakere to the Family Court at Davanagere.
NC: 2023:KHC:29343 CP No. 106 of 2021
husband. Further, the learned counsel appearing for the petitioner submits that the respondent-husband filed M.C. No.32 of 2018 before the Senior Civil Judge and JMFC, Challakere under Section 13(1)(a) and (b) of Hindu Marriage Act, 1955 for dissolution of marriage.
NC: 2023:KHC:29343 CP No. 106 of 2021
since the children are aged about 14 and 12 years. Accordingly, he prays for dismissal of the petition.
NC: 2023:KHC:29343 CP No. 106 of 2021
O R D E R
ARK/LDC
SD/JUDGE
2 issues framed by the court
Whether the civil petition for transfer of matrimonial proceedings from Challakere to Davanagere should be allowed to avoid hardship to the wife and children.
Whether the convenience of the parties and the best interests of the children justify transferring the case to a different forum.
2 provisions across 2 enactments
Smt. Swathi w/o Thipperudraswamy T.
Thipperudraswamy T.
S. G. Pandit
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
