Allowed

Smt Laxmi Godalli v. Manjunath S/O Kumarswamy

Karnataka HC8 Aug 2024CP/100057/2024

Case brief

AI extract

What is this about?

Petitioner-wife filed a civil petition under Section 24 of CPC seeking transfer of matrimonial proceedings from Chikkanayananhalli to Dharwad Family Court due to the vast distance of over 350 Kms. The court allowed the petition, citing the Supreme Court's view that matrimonial matters should be tried at the wife's residence and the impracticality for the wife to travel.

What did the court decide?

Proceedings M.C.No.59/2023 withdrawn from Senior Civil Judge, Chikkanayakanhalli and transferred to Principal Family Court, Dharwad.

Smt Laxmi Godalli Vs Manjunath S/O Kumarswamy — Matrimonial and Divorce | Karnataka HC (2024)

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NC: 2024:KHC-D:11262 CP No. 100057 of 2024

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 8^TH DAY OF AUGUST, 2024

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BEFORE

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THE HON'BLE MR. JUSTICE RAVI V.HOSMANI

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CIVIL PETITION NO.100057 OF 2024

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BETWEEN:

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SMT. LAXMI GODALLI, AGE: 23 YEARS, OCC: EMPLOYEE, R/O: HO. NO 38 - HOSUR ONI, DEGAON VILLAGE, TQ: KITTUR, DIST: BELAGAVI - 591 115

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…PETITIONER

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(BY SMT. JOSHNA P. DHANAVE, ADVOCATE)

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AND:

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MANJUNATH S/O. KUMARSWAMY, AGE: 34 YEARS, OCC: NIL, R/O: HONNASHETTIHALLI, HANDANAKERE HOBLI, C. N. HALLI TALUK, DIST: TUMKUR.

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…RESPONDENT (RESPONDENT IS SERVED)

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Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka

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THIS CIVIL PETITION IS FILED U/SEC.24 OF CPC, PRAYING TO PASS AN ORDER TRANSFERRING THE M.C.NO.59/2023, PENDING ON THE FILE OF SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, CHIKNAYANAHALLI TO PRINCIPAL FAMILY COURT, DHARWAD, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.,

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THIS CIVIL PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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2 - NC: 2024:KHC-D:11262 CP No. 100057 of 2024

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ORAL ORDER

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This petition is filed by petitioner-wife seeking transfer of M.C.No.59/2023 pending on file of Senior Civil Judge and JMFC, Chikkanayakanhalli, Tumakur District to Prl. Family Court, Dharwad.

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Smt.Joshna P Dhanave, learned counsel for petitioner submitted that marriage of petitioner and respondent was solemnized on 15.11.2018 at Honnashettihalli, Chikkanayakanhalli taluk, Tumakur district. Thereafter, she led marital life with respondent-husband at Bangalore. However, due to ill-treatment etc., she was constrained to return to her maternal home. It was submitted, in meanwhile, husband had filed petition under Section 9 of Hindu Marriage Act in M.C.No.59/2023 on file of Senior Civil Judge and JMFC, Chikkanayakanhalli. It was submitted, distance between petitioner’s village and Court at Chikkanayakanhalli was 374 Kms. As she was a woman, she was finding difficult to travel and properly contest matter. Therefore, she seeks for transfer.

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Heard learned counsel. Respondent is served and unrepresented. Perused petition record.

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NC: 2024:KHC-D:11262 CP No. 100057 of 2024

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4. Hon’ble Supreme Court in Sumita Singh V/s

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Kumar Sanjay and another, reported in AIR 2001 SCC 41 held that in matrimonial matters, normally they have to be tried at place where wife resides. In instance case, distance between two places is more than 350 Kms. It is also not stated that petitioner was paid maintenance amount. In view of above, following:

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ORDER

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i. Petition is allowed.

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ii. Proceedings in M.C.no.59/2023 is withdrawn on file of Senior Civil Judge and JMFC, Chikkanayakanhalli and transferred to Prl. Family Court at Dharwad.

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Sd/(RAVI V.HOSMANI) JUDGE

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VB CT-ASC List No.: 1 Sl No.: 33

Smt Laxmi Godalli v. Manjunath S/O Kumarswamy

Case brief

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Smt Laxmi Godalli v. Manjunath S/O Kumarswamy

Case brief

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