Wife sought transfer of husband's matrimonial case from Family Court, Gadag to Shiggaon where she resides and her own dissolution petition is pending. Respondent absent. Court allowed the transfer citing her convenience and pendency of the companion petition.
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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 22ND DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE VIJAYKUMAR A.PATIL
CIVIL PETITION NO. 100041 OF 2024
BETWEEN:
SMT. ASHWINI W/O. PRASHANT HOMBALE, AGE: 36 YEARS, OCC: HOUSEWIFE, R/O. VIVEKANAND ROAD, MASARI, GADAG, NOW R/O. C/O. CHANNABASAPPA S. BINGARPUR, MUGALIKATTI, TQ: SHIGGAON, DIST: HAVERI-581203.
…PETITIONER
(BY SRI. K. H. BAGI, ADVOCATE)
AND:
Digitally signed by JAGADISH T R Location: HIGH COURT OF KARNATAKA
SRI. PRASHANT S/O. NINGAPPA HOMBALE, AGE: 42 YEARS, OCC: PRIVATE WORK, R/O VIVEKANAND ROAD, MASARI, GADAG-582102.
…RESPONDENT
(NOTICE TO RESPONDENT SERVED)
THIS CIVIL PETITION IS FILED U/SEC.24 OF CPC, PRAYING TO PASS AN ORDER TRANSFERRING THE M.C.NO.146/2023 PENDING ON THE FILE OF LEARNED I ADDL. PRL. JUDGE, FAMILY COURT AT GADAG TO THE SENIOR CIVIL JUDGE AND JMFC, SHIGGAON FOR FURTHER ADJUDICATION OF THE MATTER TO MEET THE ENDS OF JUSTICE.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
NC: 2024:KHC-D:6663 CP No. 100041 of 2024
ORDER
This petition is filed under Section 24 of CPC seeking to transfer M.C.No.146/2023 pending on the file of the I Addl. Principal Judge Family Court, Gadag to Senior Civil Judge & JMFC, Shiggaon.
2. Heard the learned counsel Sri.K.H.Bagi, for the petitioner. Though the notice of this petition is served on the respondent, he remained absent, hence, placed exparte.
3. The learned counsel for the petitioner submits that the petitioner-wife is residing at Mugalikatti village of Shiggaon Taluk, Haveri District. He further submits that the petitionerwife has filed M.C.No.56/2023 and the said petition is pending before the Senior Civil Judge & JMFC, Shiggaon, hence it would be just and appropriate to transfer M.C.No.146/2023 filed by the respondent-husband to the competent Court at Shiggaon for trial. Hence, he seeks to allow the petition.
4. I have heard the learned counsel for the petitioner and perused the material available on record.
NC: 2024:KHC-D:6663 CP No. 100041 of 2024
5. The material available on record indicates that the
marriage between the petitioner and respondent was solemnized on 15.06.2020. The pleadings indicate that there are serious marital dispute between the petitioner and the respondent, due to which the petitioner is residing at Mugalikatti village of Shiggaon Taluk and she has also instituted the petition for dissolution of marriage and the said proceedings in M.C.No.56/2023 is pending before the Senior Civil Judge & JMFC, Shiggaon. Taking note of the pendency of M.C.No.56/2023 and keeping in mind the likely inconvenience to be caused to the petitioner, who is residing at the village of Shiggaon Taluk, I am of the considered view that it would be just and proper to transfer M.C.No.146/2023 pending on the file of I Addl. Principal Judge Family Court, Gadag to the Court of Senior Civil Judge & JMFC, Shiggaon. Hence, I proceed to pass the following:
ORDER
i. Civil Petition is allowed .
ii. M.C.No.146/2023 now pending on the file of
I Addl. Principal Judge Family Court, Gadag is withdrawn from the said Court and made
NC: 2024:KHC-D:6663 CP No. 100041 of 2024
over to the Court of Senior Civil Judge & JMFC, Shiggaon, for trial in accordance with
law.
Sd/JUDGE
BSR Ct-an List No.: 1 Sl No.: 62
1 issue framed by the court
Whether M.C.No.146/2023 pending before the Family Court, Gadag should be transferred to Senior Civil Judge & JMFC, Shiggaon where the wife resides and her own petition is pending?
1 provisions across 1 enactments
Smt. Ashwini W/o. Prashant Hombale
Sri. Prashant S/o. Ningappa Hombale
Vijaykumar A.Patil
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
