Allowed

Smt. Rajeshwari W/O Rajesh Mali v. Shri. Rajesh S/O Ishwar Mali

Karnataka HC12 Aug 2024CP/100177/2023

Case brief

AI extract

What is this about?

Civil petition filed for transfer of matrimonial proceedings from Family Court, Belagavi to Family Court, Dharwad, citing distance and inconvenience for the wife with a minor child. The Single Judge relied on Supreme Court precedent regarding the wife's convenience and allowed the transfer.

What did the court decide?

PETITION IS ALLOWED. Proceedings in M.C.no.115/2023 stand withdrawn from Family Court, Belagavi and transferred to Family Court, Dharwad.

Smt. Rajeshwari W/O Rajesh Mali Vs Shri. Rajesh… — Matrimonial and Divorce | Karnataka HC (2024)

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NC: 2024:KHC-D:11469 CP No. 100177 of 2023

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 12^TH DAY OF AUGUST, 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.100177 OF 2023

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BETWEEN:

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SMT. RAJESHWARI W/O. RAJESH MALI, AGE: 30 YEARS, OCC: SERVICE, C/O: MADIVALLAPPA SUNKAD, H.NO.213, KASABA ONI, TADAKOD VILLAGE, TQ. AND DIST: DHARWAD, PIN: 581 105.

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…PETITIONER

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(BY SRI SANTOSH B. MALAGOUDAR, ADVOCATE)

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AND:

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SHRI RAJESH S/O. ISHWAR MALI, AGE: 39 YEARS, OCC: SELF EMPLOYED, C/O: SHANKAR L. PATIL SECTOR NO.709/A, CCB NO. 985, R. C NAGAR, BELAGAVI, TQ AND DIST: BELAGAVI, PIN: 590 001.

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

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(RESPONDENT IS SERVED)

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…RESPONDENT

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THIS CIVIL PETITION IS FILED U/SEC. 24 OF CPC, PRAYING TO ALLOW THE PRESENT CIVIL PETITION. TRANSFER THE CASE IN MC NO.115/2023 PENDING ON THE FILE OF COURT OF FAMILY COURT, BELAGAVI TO FAMILY COURT AT DHARWAD 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:11469 CP No. 100177 of 2023

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ORAL ORDER

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This petition is filed for transfer of proceedings in M.C.no.115/2023 pending on file of Family Court, Belagavi to Family Court at Dharwad.

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Sri Santosh B.Malagoudar, learned counsel for petitioner submitted that marriage of petitioner and respondent was solemnized on 05.06.2017 at Sukhashanti Mangal Karyalaya, Peeranwadi, Belagavi as per Hindu rituals. After marriage, parties resided together for sometime. From wedlock, a male child was born to them. However, thereafter

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due to marital discord, she was forced to reside with her parents. In meanwhile, respondent had filed M.C.no.115/2023 under Section 9 of Hindu Marriage Act, before Family Court at Belagavi. It was submitted, distance between Tadakod village, place of residence of petitioner and Belagavi was more than 100 k.m and she would be required to travel with minor child. On above grounds, sought for transfer.

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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

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NC: 2024:KHC-D:11469 CP No. 100177 of 2023

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would be of paramount consideration. Petitioner has sought for transfer on ground of inconvenience as she has a minor child and also on ground that petition for maintenance was pending.

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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 as it would be inconvenient for wife to attend proceedings at Belagavi.

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Hence, petition is allowed. Proceedings in

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M.C.no.115/2023 stand withdrawn from Family Court, Belagavi and transferred to Family Court, Dharwad.

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

Smt. Rajeshwari W/O Rajesh Mali v. Shri. Rajesh S/O Ishwar Mali

Case brief

What is this about?

What did the court decide?

Smt. Rajeshwari W/O Rajesh Mali v. Shri. Rajesh S/O Ishwar Mali

Case brief

What is this about?

What did the court decide?

What the court decided

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