The High Court disposed of two transfer petitions. Since interlocutory appeals under CPC s. 24 are not maintainable and counsel agreed on trial venue, the petitions were dismissed.
Petitions dismissed. M.C.No.1510/2022 and G&WC No.57/2022 transferred to Family Court, Bagalkote.
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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF SEPTEMBER, 2023 BEFORE
THE HON'BLE MR JUSTICE S.G.PANDIT CIVIL PETITION NO. 197 OF 2022 C/W CIVIL PETITION NO. 199 OF 2022
C.P.NO. 197/2022
BETWEEN:
SMT. PRIYANKA Y KANNI AGED ABOUT 33 YEARS W/O SRI NIKHIL JAGADISH AGADI R/AT NO.B4-14 BHARATH PRIDE PARK IN FRONT OF MARUTHI SHOW ROOM HUMNABAD ROAD KALABURGI-585104.
…PETITIONER
(BY SRI. S KALYAN BASAVARAJ, ADV.)
Digitally signed by A K CHANDRIKA Location: HIGH COURT OF KARNATAKA
AND:
BHAGAVATHI NAGAR GULBARGA-585104 KARNATAKA.
…RESPONDENTS
(BY SRI. C.H. JADHAV, SR. COUNSEL FOR SRI CHETHAN JADHAV, ADV. FOR R1 SMT. SHILPA S GOGI, ADV. FOR SRI SANTOSH S GOGI, ADV. FOR R2)
THIS PETITION IS FILED UNDER SECTION 24 OF CPC, PRAYING TO ALLOW THIS CIVIL PETITION AND TRANSFER THE PETITION FILED BY THE RESPONDENT NO.1 FOR DIVORCE IN M.C.NO.1510/2022 PENDING ON THE FILE OF THE VI ADDL. PRINCIPAL JUDGE, FAMILY COURT, BENGALURU TO THE PRINCIPAL JUDGE, FAMILY COURT, KALABURGI, IN THE INTEREST OF JUSTICE AND EQUITY.
C.P.NO. 199/2022
BETWEEN:
SMT. PRIYANKA Y KANNI AGED ABOUT 33 YEARS W/O SRI NIKHIL JAGADISH AGADI R/AT NO.B4-14 BHARATH PRIDE PARK IN FRONT OF MARUTHI SHOW ROOM HUMANABAD ROAD KALABURGI-585104.
…PETITIONER
(BY SRI. S KALYAN BASAVARAJ, ADV.)
AND:
SRI NIKHIL JAGADISH AGADI AGED ABOUT 34 YEARS
S/O SRI JAGADISH B ANGADI R/AT NO.63, 10TH ‘A’ CROSS 2ND MAIN, 2ND STAGE WEST OF CHORD ROAD BENGALURU-560086.
…RESPONDENT
(BY SRI. SATISH DODDAMANI, SR. COUNSEL FOR SRI CHETHAN JADHAV, ADV.FOR R1) SMT. SHILPA S GOGI, ADV. FOR SRI SANTOSH S GOGI, ADV. FOR R2)
THIS PETITION IS FILED UNDER SECTION 24 OF CPC, PRAYING TO ALLOW THIS CIVIL PETITION AND TRANSFER THE PETITION FILED BY THE RESPONDENT FOR SEEKING PERMANENT CUSTODY OF CHILD BY NAME ISHAAN NIKHIL AGADI, AGED ABOUT 06 YEARS IN G AND WC NO.57/2022 PENDING ON THE FILE OF THE VI ADDL. PRINCIPAL JUDGE, FAMILY COURT, BENGALURU TO THE PRINCIPAL JUDGE, FAMILY COURT, KALABURGI, IN THE INTEREST OF JUSTICE AND EQUITY.
THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
C.P.No.197/2022 is filed under Section 24 of the
Code of Civil Procedure, 1908 (for short “CPC”) with a prayer to transfer M.C.No.1510/2022 pending on the file of the VI Additional Principal Judge, Family Court at
Bengaluru to the Principal Judge, Family Court at Kalaburgi for disposal, whereas C.P.No.199/2022 is filed under Section 24 of CPC seeking transfer of G & WC No.57/2022 pending on the file of the VI Additional Principal Judge, Family Court at Bengaluru to the Principal Judge, Family Court at Kalaburgi for disposal.
Bagalkote. The efforts made by learned counsels for the parties is appreciated. Hence, the following order:
M.C.No.1510/2022 and G&WC No.57/2022 pending on the file of the VI Additional Principal Judge, Family Court at Bengaluru are transferred to the Principal Judge, Family Court at Bagalkote for disposal in accordance with law.
Learned counsel for the parties would pray for a direction to the Family Court at Bagalkote to dispose of the matrimonial cases within a time frame. This Court directs the Family Court at Bagalkote to endeavour for early disposal of the matrimonial disputes between the parties, with the cooperation of the parties as well as learned counsel appearing for the parties.
Parties to appear before the Principal Judge, Family Court at Bagalkote on 26.10.2023 , without expecting my notice.
The Family Court at Bengaluru shall transmit the files of both M.C.No.1510/2022 and G&WC No.57/2022 forthwith, to the Family Court at Bagalkote.
With the above, both the civil petitions are
disposed of .
Sd/JUDGE
MPK CT:bms List No.: 1 Sl No.: 1
2 issues framed by the court
Whether orders transferring matrimonial disputes for trial at a location different from that of the High Court can be challenged under section 24 of CPC.
Whether pleadings challenging transfer orders under section 24 are maintainable.
1 provisions across 1 enactments
Smt. Priyanka Y Kanni
Sri Nikhil Jagadish Agadi
Sri Pavan Ashok Guttedar
SG Pandit
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
