Allowed

Smt Rooap W/O Praveen Malvi v. Shri Praveen S/O Suresh Malvi

Karnataka HC15 Apr 2024CP/100038/2024

Case brief

AI extract

What is this about?

Civil petition under Section 24 CPC for transfer of suit from Haliyal to Bailhongal was allowed. Court considered petitioner's residence with parents, custody of minor daughter, and lack of independent income as valid grounds for change of venue considering marital disputes.

What did the court decide?

Civil petition allowed; MC No.80/2023 transferred from Senior Civil Judge, Haliyal to Senior Civil Judge, Bailhongal for trial.

Smt Rooap W/O Praveen Malvi Vs Shri Praveen S/O… — Matrimonial and Divorce | Karnataka HC (2024)

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1 - NC: 2024:KHC-D:6381 CP No. 100038 of 2024

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 15^TH DAY OF APRIL, 2024

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BEFORE

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THE HON'BLE MR JUSTICE VIJAYKUMAR A.PATIL CIVIL PETITION NO. 100038 OF 2024

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BETWEEN:

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SMT. ROOAP W/O. PRAVEEN MALVI, AGE: 28 YEARS, OCC: HOUSEHOLD, R/O. C/O LALITA RUDRAPPA GANTI, AT POST: NEGINHAL-591102, TQ: BAILHONGAL, DIST: BELAGAVI.

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…PETITIONER

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(BY SRI. BALAGOUDA A. PATIL, ADVOCATE)

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AND:

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

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SHRI. PRAVEEN S/O. SURESH MALVI, AGE: 33 YEARS, OCC: PRIVATE SERVICE, R/O. BELAVATAGI-581329, TQ: HALIYAL, DIST: UTTAR KANNADA.

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…RESPONDENT (BY SRI. RAKESH M. BILKI, ADVOCATE)

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THIS CIVIL PETITION IS FILED U/SEC.24 OF CPC, PRAYING TO ALLOW THIS CIVIL PETITION BY TRANSFERRING M.C.NO.80/2023 ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC, HALIYAL AND TRANSFER THE SAME TO BE TRIED BY JURISDICTIONAL COURT OF BAILHONGAL, IN THE INTEREST OF JUSTICE AND EQUITY.

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

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NC: 2024:KHC-D:6381 CP No. 100038 of 2024

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ORDER

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This petition is filed under Section 24 of CPC seeking to transfer MC No.80/2023 pending on the file of Senior Civil Judge & JMFC, Haliyal to the Court of Senior Civil Judge, Bailhongal.

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2. Heard the learned counsel Sri.Balagouda A. Patil for the petitioner and learned counsel Sri.Rakesh M Bilki for the respondent/husband.

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3. Learned counsel for the petitioner submits that due to serious marital dispute, the petitioner/wife is residing at Neginhal Village of Bailahongal Taluk along with her parents. The petitioner is having care and custody of minor daughter aged about 4 years and she being a homemaker does not have independent source of income to attend the proceedings instituted by the respondent/husband at Haliyal. Hence, he seeks to allow the petition.

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4. Per contra, learned counsel for the respondent opposes the petition and submits that the petitioner without any justifiable reason, left the matrimonial home and started residing with her parents at Neginhal village of Bailhongal

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NC: 2024:KHC-D:6381 CP No. 100038 of 2024

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Taluk. It is further submitted that the petitioner had agreed to withdraw all the cases filed against the respondent and agreed to rejoin the matrimonial home and accordingly, matter was amicably settled between the parties. However, she went back on the settlement and started residing with parents without any justifiable reason. Hence, taking note of the conduct of the petitioner, she seeks dismissal of the petition.

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5. I have heard the learned counsel for the parties and perused the material available on record.

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6. The material available on record indicates that there

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are serious marital disputes between the parties, which led the parties to reside separately. The material available on record further indicates that the petitioner/wife is residing at Neginhal village of Bailhongal Taluk along with her parents. She is having care and custody of minor ward aged about 4 years and she being a homemaker and does not have independent source of income. Keeping in mind the financial position of the petitioner and taking note of the fact that the petitioner is having care and custody of minor ward and also keeping in mind the pendency of Crl.Misc.No.394/2023 before the

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NC: 2024:KHC-D:6381 CP No. 100038 of 2024

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Principal Civil Judge and JMFC, Bailhongal, I am of the considered view that this is a fit case to allow the petition.

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7. Hence, I proceed to pass the following:

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ORDER

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a) Civil Petition stands allowed .

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b) MC No.80/2023 pending on the file of the Senior Civil Judge and JMFC, Haliyal is withdrawn from the file of the said Court and made over to the Court of Senior Civil Judge, Bailhongal for trial in accordance with law.

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Sd/JUDGE

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JTR Ct-an List No.: 1 Sl No.: 55

Smt Rooap W/O Praveen Malvi v. Shri Praveen S/O Suresh Malvi

Case brief

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Smt Rooap W/O Praveen Malvi v. Shri Praveen S/O Suresh Malvi

Case brief

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