Allowed

Sunanda W/O Krishbna Karabari v. Krishna W/O Shivappa Karabari

Karnataka HC19 Apr 2024CP/100051/2024

Case brief

AI extract

What is this about?

The High Court of Karnataka allowed a petition under Section 24 of CPC for the transfer of a matrimonity restitution petition from Bailhongal to Muddebihal. The court noted the petitioner's residence distance, lack of income, and pending domestic violence proceedings in Muddebihal as justifications for the transfer.

What did the court decide?

Civil Petition No. 100051 of 2024 allowed. MC No. 60/2022 withdrawn from the file of Senior Civil Judge & JMFC, Bailhongal and made over to Senior Civil Judge & JMFC, Muddebihal for trial.

Sunanda W/O Krishbna Karabari Vs Krishna W/O… — Matrimonial and Divorce | Karnataka HC (2024)

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1 - NC: 2024:KHC-D:6569 CP No. 100051 of 2024

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 19^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. 100051 OF 2024

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BETWEEN:

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SUNANDA W/O. KRISHNA KARABARI, AGE: 30 YRS, OCC: HOUSEHOLD, R/O. RAMPUR TANDA, TQ: SAVADATTI, DIST: BELAGAVI PRESENTLY NOW AT SARUR TANDA, TQ: MUDDEBIHAL, DIST: VIJAYAPUR.

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…PETITIONER

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(BY SRI. VIJAY S. CHINIWAR, ADVOCATE)

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AND:

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KRISHNA W/O. SHIVAPPA KARABARI, AGE: 36 YRS, OCC: PRIVATE EMPLOYEE, R/O. RAMPUR TANDA-591126, TQ: SAVADATTI, DIST: BELAGAVI.

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Digitally signed by ROHAN HADIMANI T Location: HIGH COURT OF KARNATAKA

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…RESPONDENT

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(NOTICE TO RESPONDENT SERVED)

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THIS CIVIL PETITION IS FILED U/SEC.24 OF CPC, 1908, PRAYING TO TRANSFER OF M.C.PETITION NO.60/2022 FILED BY THE RESPONDENT FOR RESTITUTION OF CONJUGAL RIGHTS PENDING ON THE FILE SENIOR CIVIL JUDGE, BAILHONGAL TO SENIOR CIVIL JUDGE AND JMFC, MUDDEBIHAL, 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:6569 CP No. 100051 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.60/2022 pending on the file of Senior Civil Judge & JMFC, Bailhongal to the Court of Senior Civil Judge & JMFC, Muddebihal.

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2. Heard the learned counsel Sri.Vijay S Chiniwar for the petitioner. Though notice of this petition is served on the respondent, he remained absent. Placed exparte.

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3. Learned counsel for the petitioner submits that the petitioner/wife is residing with her parents due to the harassment of the respondent/husband and taking advantage of the same, the respondent has filed MC No.60/2022 seeking restitution of conjugal rights and the said proceeding is pending before the competent Court at Bailhongal. It is further submitted that the distance between the residence of the petitioner and the Bailhongal is more than 200 kms and the petitioner is having no source of income to attend the same proceedings. Hence, he seeks to allow the petition.

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3 - NC: 2024:KHC-D:6569 CP No. 100051 of 2024

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4. I have heard the arguments of learned counsel

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for the petitioner and perused the material available on record. The material available on record indicates that the petitioner and the respondent are residing separately due to serious marital discord. The material available on record further indicates that the petitioner is a homemaker and does not have any independent source of income and she has also instituted the proceedings under the provisions of Domestic Violence Act, 2005 and the said proceeding is pending before the competent Court at Muddebihal. Taking note of the pendency of the aforesaid proceedings and keeping in mind the distance of the residence of petitioner and the Bailhongal Court and also considering the financial difficulties of the petitioner, I am of the considered view that this is a fit case to allow the petition to enable the parties to attend all proceedings at one place.

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5. 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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NC: 2024:KHC-D:6569 CP No. 100051 of 2024

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b) MC No.60/2022 pending on the file of the Senior Civil Judge & JMFC, Bailhongal is withdrawn from the file of the said Court and made over to the Court of Senior Civil Judge & JMFC, Muddebihal for trial in accordance with law.

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Sd/JUDGE

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RKM ct-an List No.: 1 Sl No.: 50

Sunanda W/O Krishbna Karabari v. Krishna W/O Shivappa Karabari

Case brief

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What did the court decide?

Sunanda W/O Krishbna Karabari v. Krishna W/O Shivappa Karabari

Case brief

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