Allowed

Smt. Nagamma Fakkirappa Ballary v. Fakkirappa Ramappa Ballary

Karnataka HC11 Sept 2024CP/100147/2024

Case brief

AI extract

What is this about?

Petition filed under Section 24 CPC seeking transfer of matrimonial case from Gadag to Hubballi due to distance and convenience of the wife. Court allowed the petition, transferring the case to the Principal Family Court, Hubballi.

What did the court decide?

Transfer of M.C. No.100/2024 from 1st Additional Family Court, Gadag to Principal Family Court, Hubballi.

Smt. Nagamma Fakkirappa Ballary Vs Fakkirappa… — Matrimonial and Divorce | Karnataka HC (2024)

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NC: 2024:KHC-D:13009 CP No. 100147 of 2024

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 11^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.100147 OF 2024

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BETWEEN:

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SMT. NAGAMMA FAKKIRAPPA BALLARI (NAME AS PER ADHAR CARD), W/O. FAKKIRAPPA BALLARI AGED ABOUT 52 YEARS, OCC: HOUSEWIFE, R/O: D. C. MILL ROAD, TALAGERI ONI, GADAG, PIN CODE – 582 101.

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PRESENTLY RESIDING AT: R/O: PLOT NO.34, AMBEDKAR COLONY, MANTUR ROAD, HUBBALLI – 580 020.

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…PETITIONER

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(BY SRI SACHIN C. ANGADI, ADVOCATE)

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AND:

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

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FAKKIRAPPA RAMAPPA BALLARI, OCC: POUR KARMIK, MUNCIPALE CORPORATION, GADAG, R/O: D. C. MILL ROAD, TALAGERI ONI, GADAG, PIN CODE – 582 101.

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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 THE MATRIMONIAL CASE NO.100/2024 PENDING ON THE FILE OF THE 1^ST ADDITIONAL FAMILY COURT, GADAG, AND TRANSFER THE M.C. NO.100/2024 PENDING ON THE FILE OF THE 1^ST ADDITIONAL FAMILY COURT, GADAG TO THE HON’BLE PRINCIPAL FAMILY COURT, HUBBALLI, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.,

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

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NC: 2024:KHC-D:13009 CP No. 100147 of 2024

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ORAL ORDER

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This petition is filed for transfer of proceedings in M.C.no.100/2024, pending on file of 1^st Additional Family Court, Gadag to Principal Family Court, Hubballi.

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Sri Sachin C.Angadi, learned counsel for petitioner submitted that marriage of petitioner and respondent was solemnized on 04.12.1989 at D.C.Mill Corporation Kalyan Mantap, Gadag, as per Hindu rituals. After marriage, parties resided together for sometime, till marital discord forced her to reside with her brother’s/sister’s house.

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In meanwhile, respondent had filed

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M.C.no.100/2024 under Section 9 of Hindu Marriage Act, before Principal Family Court at Gadag. It was submitted, distance between Hubballi, i.e, place of residence of petitioner and Gadag was more than 100 k.m up and down and she would be required to travel alone.

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It was submitted, 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,

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3 - NC: 2024:KHC-D:13009 CP No. 100147 of 2024

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convenience of wife requires to be considered. Relying on

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same, petitioner sought for transfer.

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Respondent is served and unrepresented.

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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, it would be inconvenient for wife to attend proceedings at Hubballi. Therefore, petition requires to be allowed.

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Hence, petition is allowed. Proceedings in M.C.no.100/2024 stand withdrawn from 1^st Additional Family Court, Gadag and transferred to Principal Family Court, Hubballi.

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Petitioner to co-operate for early conclusion of

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proceedings.

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Sd/(RAVI V.HOSMANI) JUDGE

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AM List No.: 1 Sl No.: 17

Smt. Nagamma Fakkirappa Ballary v. Fakkirappa Ramappa Ballary

Case brief

What is this about?

What did the court decide?

Smt. Nagamma Fakkirappa Ballary v. Fakkirappa Ramappa Ballary

Case brief

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