Wife sought transfer of husband's restitution of conjugal rights petition from Davanagere Family Court to Jamkhandi due to distance. Citing Supreme Court precedent favouring wife's convenience, the High Court allowed the transfer.
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NC: 2024:KHC-D:11515 CP No. 100091 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 13TH DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MR. JUSTICE RAVI V.HOSMANI
CIVIL PETITION NO.100091 OF 2024
BETWEEN:
SMT. REKHA S. W/O. AMBARISHAIAH. G., D/O. GIRIMALLAYYA SALIMATH, AGE: 43 YEARS, OCC: HOUSE HOLD WORK, R/O: NEAR PADMAVATI BUILDING MARKET GALLI, JAMKHANDI, TQ: JAMKHANDI, DIST: BAGALKOT – 587 301.
…PETITIONER
(BY SRI M. C. HUKKERI, ADVOCATE)
AND:
Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka
SHRI AMBARSIHAIAH G. S/O. GUNDAIAH TONDEHAL HIREMATH, AGE: 32 YEARS, OCC: SERVICE (ARMY) R/O: DOOR NO. 109, 4TH CROSS BAMBOO BAZAR, LAL BHADUR SHASTRI NAGAR DAVANAGERE – 577 001, TQ AND DIST: DAVANAGERE.
(NOTICE TO RESPONDENT IS HELD SUFFICIENT)
…RESPONDENT
THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CPC, PRAYING TO ALLOW CIVIL PETITION BY WITHDRAWING THE M.C.NO.98/2024 PENDING ON THE FILE OF PRINCIPAL FAMILY COURT JUDGE DAVANAGERE AT DAVANAGERE AND THE SAID PETITION TRANSFER TO THE COURT OF PRINCIPAL SENIOR CIVIL JUDGE JAMKHANDI AT JAMKHANDI, FOR ADJUDICATE THE MATTER WITH PERFECT AND MEANINGFUL MANNER IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.,
THIS CIVIL PETITION IS COMING ON FOR ORDERS, THIS DAY ORDER WAS MADE THEREIN AS UNDER:
NC: 2024:KHC-D:11515 CP No. 100091 of 2024
ORAL ORDER
This petition is filed for transfer of proceedings in M.C.no.98/2024, pending on file of Family Court, Davanagere to Principal Senior Civil Judge, Jamkhandi.
convenience of wife requires to be considered. Relying on
same, petitioner sought for transfer.
Court supra and in light of above facts and circumstances, it would be inconvenient for wife to attend proceedings at Davanagere. Therefore, petition requires to be allowed.
Hence, petition is allowed. Proceedings in M.C.no.98/2024
stand withdrawn from Principal Family Court, Davanagere and transferred to Principal Senior Civil Judge, Jamkhandi.
Petitioner to co-operate for early conclusion of
proceedings.
Sd/(RAVI V.HOSMANI) JUDGE
AM
List No.: 1 Sl No.: 7
1 issue framed by the court
Should proceedings in M.C.No.98/2024 pending before Family Court, Davanagere be transferred to Jamkhandi considering the wife's convenience of residence?
Colour shows how this judgement treated each authority
Sumita Singh V/s Kumar Sanjay and anotherRelied on¶4
AIR 2001 SCC 41 · Who else cites this
2 provisions across 2 enactments
Smt. Rekha S.
Shri Ambarsihaiah G.
Ravi V.Hosmani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
