Wife sought transfer of husband's divorce petition from Hosapete to Huvinahadagali, 160 km away, where she resides. The court found Section 19 HMA requires filing where respondent resides and transferred the matrimonial case to Senior Civil Judge, Huvinahadagli.
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NC: 2024:KHC-D:9220 CP No. 100075 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 5TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE M.G.S. KAMAL
CIVIL PETITION NO.100075 OF 2024
BETWEEN:
SMT. KAVYA W/O. B. GOPINAIK, AGE: 23 YEARS, OCCUPATION: NIL, R/O: LINGANAYAKANAHALLI THANDA VILLAGE, TQ: HADAGALI, DIST: VIJAYANAGAR – 583 217.
…PETITIONER
(BY SRI T. R. PATIL, ADVOCATE)
AND:
Digitally signed by V N BADIGER Location: High Court of Karnataka
SHRI B. GOPINAIK S/O. LATE BEEMANAIK, AGE: 34 YEARS, OCC: POLICE CONSTABLE, R/O: ANKLI THANDA, TQ: HADAGALI, DIST: VIJAYANGARA, PIN – 583 219.
…RESPONDENT (BY SRI G. FREDDY CHARLES R.K., ADVOCATE)
THIS CIVIL PETITION IS FILED U/SEC.24 OF CPC, PRAYING TO ALLOW THIS PETITION AND TRANSFER THE CASE I.E. MAT.CASE NO. 76/2023 PENDING BEFORE THE PRINCIPAL SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS AT HOSAPETE TO THE SENIOR CIVIL JUDGE, HUVINAHADAGALI, IN THE INTEREST OF JUSTICE AND EQUITY 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.76/2023, filed by the respondent - Husband under Section 13(1)(ia)(ib) of the Hindu Marriage Act, 1955 seeking dissolution of marriage from the file of Prl. Sr. Civil Judge and JMFC Court, Hosapete to the Senior Civil Judge, Huvinahadagli.
and has now filed the petition seeking dissolution of marriage.
address of the petitioner - wife as well as the respondent - husband is shown as one and the same, which is R/o.: Ankli Thanda, Hadagali Taluka, Vijayanagara District.
Civil Judge, Huvinahadagli, where the petitioner-wife is residing.
pending applications do not survive for consideration and are accordingly disposed of.
SD/JUDGE
VNP*/CT-ASC List No.: 1 Sl No.: 15
1 issue framed by the court
Should M.C. No.76/2023 pending at Hosapete be transferred to Huvinahadagali where the petitioner-wife resides?
3 provisions across 2 enactments
Smt. Kavya W/o. B. Gopinaik
Shri B. Gopinaik
M.G.S. Kamal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
