A wife sought transfer of her husband's divorce petition pending at Badami to the Family Court, Gadag, citing distance and financial constraints. Noting she resided about 70 km away and jurisdictional provisions, the court allowed transfer of the case to Gadag.
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NC: 2024:KHC-D:9624 CP No. 100055 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 11TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE M.G.S. KAMAL
CIVIL PETITION NO.100055 OF 2024
BETWEEN:
SMT. GEETA W/O. MANJUNATH DUTTARGI, AGE: 49 YEARS, OCC: HOUSEHOLD WORK, NOW AT R/O: NEAR MUDARGI MALLAPPE ADDE, JAVALA GALLI, GADAG, TQ/DIST: GADAG – 582 101.
…PETITIONER
(BY SRI K. L. PATIL, ADVOCATE)
AND:
MANJUNATH S/O. YALLAPPA DUTTARAGI, AGE: 53 YEARS, OCC: SECURITY GUARD (NWSRTC), R/O: WARD NO.5, NEAR SALESWAR TEMPLE, GULEDGUDDA, TQ. GULEDGUDDA, DIST: BAGALKOT – 587 101.
Digitally signed by V N BADIGER Location: High Court of Karnataka
…RESPONDENT (BY SRI SANTOSHKUMAR G. RAMPUR, ADVOCATE)
THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CPC, 1908 PRAYING TO PASS AN ORDER TRANSFERRING M.C.NO.85/2023 PENDING ON THE FILE OF SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, BADAMI TO FAMILY COURT, GADAG AND ETC.,
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
seeking transfer of the petition in M.C.No.85/2023, filed by the respondent – husband under Section 13(b) of the Hindu Marriage Act, 1955 seeking dissolution of marriage, from the file of Senior Civil Judge and JMFC, Badami to the Family Court at Gadag.
submits that the respondent - husband has also initiated proceedings in M.C. No.55/2022 before the Senior Civil
Judge, Badami for restitution of conjugal rights. The petitioner-wife is residing with her parents at Gadag, which is about 70 kms away from Badami, where the respondent-husband resides and has now filed the petition seeking dissolution of marriage. Further, she is also having financial constraints to prosecute the matter at Badami. Hence, this transfer petition.
pending IAs. do not survive for consideration and are
disposed of.
SD/JUDGE
KGK/CT-ASC List No.: 1 Sl No.: 12
1 issue framed by the court
Should M.C.No.85/2023 (divorce petition) be transferred from Senior Civil Judge and JMFC, Badami to the Family Court, Gadag where the petitioner-wife resides?
3 provisions across 2 enactments
SMT. GEETA W/O. MANJUNATH DUTTARGI
MANJUNATH S/O. YALLAPPA DUTTARAGI
M.G.S. KAMAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
