Allowed

Smt. Shwetha S/O Manjunath Alias Manjappa Madiwal v. Manjunath Alias Manjappa Madiwal S/O Krishna Papul Madiwal

Karnataka HC4 Sept 2024CP/100152/2024

Case brief

AI extract

What is this about?

A wife sought transfer of her husband's restitution of conjugal rights proceedings from Hubballi Family Court to Ballari, where her maintenance case was pending. Court held wife's convenience is paramount and transferred the case to Ballari.

What did the court decide?

M.C.no.143/2024 transferred from Principal Judge, Family Court, Hubballi to Principal Judge, Family Court, Ballari.

Smt. Shwetha S/O Manjunath Alias Manjappa Madiwal… — Maintenance and Alimony | Karnataka HC (2024)

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1 - NC: 2024:KHC-D:12728 CP No. 100152 of 2024

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 4^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.100152 OF 2024

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BETWEEN:

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SMT. SHWETHA W/O. MANJUNATH @ MANJAPPA MADIWAL, AGE: 25 YEARS, OCC: HOUSE WIFE, RESIDENT OF DOOR NO.43, WARD NO.29, BELAGAL CROSS, NEAR 5^TH CROSS, RAMANJINEYA NAGAR, BALLARI – 583 104.

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…PETITIONER

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(BY SRI SUHAS HOSAMANI, ADVOCATE FOR SRI SABEEL AHMED & MOHAMMAD ABRAS, 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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MANJUNATH @ MANJAPPA MADIWAL S/O. KRISHNA PAPUL MADIWAL, AGE: 33 YEARS, OCC: PRIVATE WORK, R/O: 4^TH CROSS, MUTHAK CHAL, GOWLI GALLI, RAMNAGAR, GADAG ROAD, HUBBALLI – 580 020.

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(BY SRI A.M.MALIPATIL, ADVOCATE)

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…RESPONDENT

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THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CPC, PRAYING TO PASS APPROPRIATE DIRECTION OR ORDER, ORDERING TO TRANSFER THE PROCEEDINGS IN M.C.NO.143/2024 PENDING ON THE FILE OF THE PRINCIPAL FAMILY COURT, HUBBALLI TO PRINCIPAL JUDGE FAMILY COURT BALLARI ALONG WITH CRL.MISC.NO.323/2023 IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.,

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NC: 2024:KHC-D:12728 CP No. 100152 of 2024

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

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ORAL ORDER

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This petition is filed seeking for transfer of

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M.C.no.143/2024 presently pending on file of Principal Judge, Family Court, Hubballi to Principal Judge, Family Court, Ballari.

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Sri Suhas Hosmani, learned counsel appearing for Sri Sabeel Ahmed, learned counsel for petitioner submitted that marriage of petitioner and respondent was solemnized at Marwadi Ganesh Temple, Babu Chowk, Ballari, on 25.11.2023. Thereafter, they led matrimonial life at Hubballi for some time. Subsequently, due to marital discord, petitioner was thrown out of house and she started to reside with her parents. Since she did not have any source of income, she filed Crl.Misc.no.323/2023 before Principal Family Judge, Ballari, for maintenance, on 17.10.2023. After entering appearance in said petition and filing objections, respondent filed M.C.no.143/2024 before Principal Judge, Family Court, Hubballi, for restitution of conjugal rights. Petitioner is now living with her parents in Ballari.

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3 - NC: 2024:KHC-D:12728 CP No. 100152 of 2024

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It was submitted, petitioner was residing at Ballari along with her old aged parents and distance between Ballari to Hubballi was about 200 Kms and she being a lady, she was finding it difficult to travel to Hubballi and conduct her case. As respondent was already prosecuting maintenance proceedings at Ballari, he would not found it inconvenient if both matters are before same court. On above grounds, sought for allowing petition.

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On other hand, Sri A.M.Malipatil, learned counsel for respondent sought to oppose petition. It was submitted, in petition filed by petitioner herein, she has stated that she was ready to resume matrimonial life with respondent and hence, there was no need to transfer. Further it was submitted, there was sufficient conveyance and therefore, traveling between Ballari and Hubballi would not cause any grave hardship.

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Heard learned counsel and perused petition record.

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Admittedly, this petition is for transfer under

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Section 24 of Code of Civil Procedure, where convenience of wife would require consideration on priority. Respondent is

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NC: 2024:KHC-D:12728 CP No. 100152 of 2024

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employed at Hubballi and would not face difficulty in prosecuting matter at Ballari. It is seen that prior to restitution proceedings, wife has filed petition for maintenance before Principal Judge, Family Court at Ballari and respondent was prosecuting same. Therefore, it would be appropriate to transfer M.C.no.143/2024 from file of Principal Judge, Family Court at Hubballi to Principal Judge, Family Court at Ballari and both proceedings could be prosecuted before same court.

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Hon’ble Supreme Court in case of Sumita Singh v. 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 old age parents at Ballari.

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In view of ratio laid down by Hon’ble Supreme 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.143/2024 is withdrawn

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from file of Principal Judge, Family Court at

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NC: 2024:KHC-D:12728 CP No. 100152 of 2024

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Hubballi and stands transferred to Principal

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Judge, Family Court at Ballari.

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iii. Petitioner shall co-operate for early conclusion of

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proceedings before Family Court at Ballari.

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Sd/(RAVI V.HOSMANI) JUDGE

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AV CT-ASC List No.: 1 Sl No.: 23

Smt. Shwetha S/O Manjunath Alias Manjappa Madiwal v. Manjunath Alias Manjappa Madiwal S/O Krishna Papul Madiwal

Case brief

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Smt. Shwetha S/O Manjunath Alias Manjappa Madiwal v. Manjunath Alias Manjappa Madiwal S/O Krishna Papul Madiwal

Case brief

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