Allowed

Smt Karunya W/O Venkatesh D/O Sunkappa v. Sri Venkatesh S/O Dodda Mareppa

Karnataka HC19 Apr 2024CP/100029/2023

Case brief

AI extract

What is this about?

The High Court of Karnataka allowed a civil petition under Section 24 of CPC seeking transfer of matrimonial proceedings from Hosapete to Davanagere. Considering the petitioner's separation, custody of a minor child, lack of income, and travel distance, the Court ordered transfer to the Family Court at Davanagere.

What did the court decide?

Transfer of M.C.No.5006/2021 from III Addl. District and Sessions Judge, Hosapete to Family Court at Davanagere.

Smt Karunya W/O Venkatesh D/O Sunkappa Vs… — Child Custody and Guardianship | Karnataka HC (2024)

¶1

1 - NC: 2024:KHC-D:6567 CP No. 100029 of 2023

¶2

IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

¶3

DATED THIS THE 19^TH DAY OF APRIL, 2024

¶4

BEFORE

¶5

THE HON'BLE MR JUSTICE VIJAYKUMAR A.PATIL

¶6

CIVIL PETITION NO. 100029 OF 2023

¶7

BETWEEN:

¶8

SMT. KARUNYA W/O. VENKATESH, D/O. SUNKAPPA, AGE: 22 YEARS, OCC: HOUSEHOLD WORK, R/O. JANGAM NAGAR, NEAR NANJUYYANA KERE, TQ: HOSADURGA, DIST: CHITRADURGA, C/O. MAREKKA, KOOWA AND CLOTH SELLER, NEAR CHANNAMMA HOTEL, BEHIND D.C.M., NITTUVALLI, 19TH WARD, KOTRESHA BADAWANE, DAVANAGERE, DIST: DAVANAGERE.

¶9

…PETITIONER

¶10

(BY SRI. S. S. KOLIWAD, FOR SRI. N. R. KUPPELUR, ADVOCATE)

¶11

AND:

¶12

Digitally signed by JAGADISH T R Location: HIGH COURT OF KARNATAKA

¶13

SRI. VENKATESH S/O. DODDA MAREPPA, AGE: 23 YEARS, OCC: SELLER, R/O. 9TH WARD, OPP. VEEERASHWARYA RUDRABHUMI, BUWAVI JANGAM COLONY, ARAVIND NAGAR, HOSAPETE, TQ: HOSAPETE, DIST: BALLARI-583201.

¶14

…RESPONDENT

¶15

(NOTICE TO RESPONDENT SERVED)

¶16

THIS CIVIL PETITION IS FILED U/S. 24 OF CPC, PRAYING TO, PASS AN ORDER TRANSFERRING THE PROCEEDINGS IN M.C. NO. 5006/2021 FROM THE FILE OF THE III ADDL. DISTRICT AND SESSIONS JUDGE HOSAPETE TO THE HON’BLE FAMILY COURT AT DAVANAGERE, IN THE INTEREST OF JUSTICE.

¶17

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

¶18

¶19

NC: 2024:KHC-D:6567 CP No. 100029 of 2023

¶20

ORDER

¶21

This petition is filed by the petitioner/wife under Section 24 of the Code of Civil Procedure, 1908 seeking to transfer M.C.No.5006/2021 filed by the respondent/husband pending before the III Additional District and Sessions Judge, Hosapete to the Family Court at Davanagere.

¶22

Heard the arguments of Sri.S.S.Koliwad, learned

¶23

counsel appearing on behalf of Sri.N.R.Kuppelur, learned counsel for the petitioner/wife.

¶24

Though the notice is served on the

¶25

respondent/husband, he remained absent. Placed exparte .

¶26

Learned counsel appearing for the petitioner/wife submits that the marriage between the petitioner and the respondent was solemnized on 06.07.2020 and the respondent/husband threw out the petitioner/wife from the matrimonial house immediately after four months of their marriage and thereafter, the petitioner/wife is residing at Davanagere District along with her parents. He further submits that the distance between Davanagere and Hospete

¶27

3 - NC: 2024:KHC-D:6567 CP No. 100029 of 2023

¶28

Court is more than 190 kms and the petitioner/wife is having a child aged about 1 and ½ year and she is unable to attend the proceedings instituted by her husband at Hosapete Court. It is also submitted that the petitioner/wife has no independent source of income to attend the said proceedings. Thus, he seeks to allow the petition.

¶29

I have heard the arguments of the learned

¶30

counsel appearing for the petitioner/wife and perused the material available on record.

¶31

The material available on record indicates that there are serious matrimonial discords between the parties and they are residing separately as shown in the cause title. The petitioner/wife has also instituted proceedings in Crl.Misc.No.707/2022 under the provisions of the Protection of Women from Domestic Violence Act, 2005 and the said petition is pending before the Principal Civil Judge and JMFC., Davanagere. The material available on record further indicates that the petitioner/wife is having care and custody of a minor ward and she has no independent source of income to attend the proceedings instituted by her husband

¶32

4 - NC: 2024:KHC-D:6567 CP No. 100029 of 2023

¶33

in M.C.No.5006/2021. Taking note of these factors, I am of

¶34

the considered view that, this is a fit case to transfer M.C.No.5006/2021 filed by the respondent/husband pending before the III Additional District and Sessions Judge, Hosapete to the Family Court at Davanagere. Hence, I proceed to pass the following:

¶35

ORDER

¶36

(i) The petition is allowed .

¶37

(ii) M.C.No.5006/2021 filed by the respondent/husband pending before the III Additional District and Sessions Judge, Hosapete is withdrawn from the file of the said Court and made over to the Family Court at Davanagere for trial, in accordance with law.

¶38

RH Ct-an List No.: 1 Sl No.: 43

¶39

Sd/JUDGE

Smt Karunya W/O Venkatesh D/O Sunkappa v. Sri Venkatesh S/O Dodda Mareppa

Case brief

What is this about?

What did the court decide?

Smt Karunya W/O Venkatesh D/O Sunkappa v. Sri Venkatesh S/O Dodda Mareppa

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

Smt. Sadiya W/O Ashif Tahasildar Vs Ashif S/O Saidusab Tahasildar

Shailaja W/O Annappagouda Shivangoudra Vs the Asssistant Commissioner and Land Acquisition Officer

Ningappa S/O Sannasiddappa Koti Vs the Asssistant Commissioner and Land Acquisition Officer

Sunanda W/O Krishbna Karabari Vs Krishna W/O Shivappa Karabari

Kamalaxi W/O Basavaraj Basappa Vs Basavaraj Basappa S/O Veerappa

Smt Deepa v K W/O Venkatesh F Kolur Vs Venkateshm S/O Fakirappa Kolur