Partly allowed

Smt Madhu W/O Manjunath Machapur v. Shri Manjunath S/O Gurushidappa Machapur

Karnataka HC10 Sept 2024CP/100109/2024

Case brief

AI extract

What is this about?

The High Court allowed a transfer petition under Section 24 CPC. The wife, residing over 50 kms from the original court location, needed the case transferred to the Family Court, Dharwad, where she lived, citing convenience as paramount in matrimonial disputes.

What did the court decide?

M.C. no. 6/2024 is withdrawn from Senior Civil Judge, Kalaghatagi and transferred to Family Court, Dharwad.

Smt Madhu W/O Manjunath Machapur Vs Shri Manjunath… — Matrimonial and Divorce | Karnataka HC (2024)

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NC: 2024:KHC-D:12931 CP No. 100109 of 2024

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 10^TH DAY OF SEPTEMBER, 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.100109 OF 2024

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BETWEEN:

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SMT.MADHU, W/O MANJUNATH MACHAPUR, AGE: 25 YEARS, OCC: NIL, R/O: MANGALAGATTI VILLAGE, TQ: DHARWAD, DIST: DHARWAD–580 105.

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…PETITIONER

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(BY SRI V.P.VADAVI AND SRI V.B.KULKARNI, ADVOCATES)

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AND:

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

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SHRI MANJUNATH, S/O. GURUSHIDAPPA MACHAPUR, AGE: 27 YEARS, OCC: AGRICULTURE, R/O: DEVARAKONDA VILLAGE, TQ: KALAGHATAGI, DIST: DHARWAD – 581 204.

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…RESPONDENT

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(RESPONDENT IS SERVED)

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THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CPC, PRAYING TO WITHDRAW/TRANSFER M.C.NO.06/2024 PENDING ON THE FILE OF THE SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, KALAGHATAGI AND TRANSFER THE SAME TO THE HON’BLE FAMILY COURT, DHARWAD FOR TRAIL, 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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NC: 2024:KHC-D:12931 CP No. 100109 of 2024

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ORAL ORDER

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This petition is filed seeking for withdrawal of M.C.no.6/2024 presently pending on file of Senior Civil Judge and J.M.F.C., Kalaghatagi and transfer same to Family Court at Dharwad.

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Sri V.P.Vadavi, learned counsel for petitioner submitted that marriage of petitioner and respondent was solemnized at Devarkonda village, Kalaghatagi on 06.01.2021. Thereafter due to marital discord, petitioner was residing separately from respondent. It is submitted, both petitioner and respondent agreed to get separated and filed M.C.no.228/2023 before Judge Court at Dharwad, for mutual divorce. Thereafter, respondent filed M.C.No.6/2024 for restitution of conjugal rights. Petitioner is now living with her parents in Mangalagatti village, Dharwad and distance between Mangalagatti to Kalaghatagi was more than 50 kms and she being a lady, was finding it difficult to travel to Kalaghatagi and conduct her case. On above grounds, sought for allowing petition.

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3 - NC: 2024:KHC-D:12931 CP No. 100109 of 2024

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Heard learned counsel. Respondent is served and

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unrepresented.

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Admittedly, this petition is for transfer under Section 24 of Code of Civil Procedure, where convenience of wife would require consideration on priority. Hon’ble Supreme Court in Sumita Singh V/s Kumar Sanjay and another, reported in AIR 2001 SCC 41, held that in case of matrimonial matters, convenience of wife would be of paramount consideration. Petitioner has sought for transfer on ground of inconvenience as she residing with her parents. Respondent is doing agriculture at Kalaghatagi and would not face difficulty in prosecuting matter at Dharwad.

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In view of ratio laid down by Hon’ble Supreme

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Court supra and in light of above facts and circumstances, following:

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ORDER

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i. Petition is allowed.

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ii. Proceedings in M.C.no.6/2024 stands withdrawn from Senior Civil Judge and J.M.F.C., Kalaghatagi and transferred to Family Court at Dharwad.

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NC: 2024:KHC-D:12931 CP No. 100109 of 2024

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iii. Petitioner shall co-operate for early conclusion of proceedings before Family Court at Dharwad.

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Sd/(RAVI V.HOSMANI) JUDGE

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CLK CT-ASC List No.: 1 Sl No.: 25

Smt Madhu W/O Manjunath Machapur v. Shri Manjunath S/O Gurushidappa Machapur

Case brief

What is this about?

What did the court decide?

Smt Madhu W/O Manjunath Machapur v. Shri Manjunath S/O Gurushidappa Machapur

Case brief

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What did the court decide?

What the court decided

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