Allowed

Smt. Shweta W/O Chetan Appugol v. Shri Chetan S/O Shashikant Appugol

Karnataka HC12 Aug 2024CP/100194/2023

Case brief

AI extract

What is this about?

The High Court of Karnataka allowed a civil petition under Section 24 CPC to transfer maintenance proceedings from Family Court, Belagavi to Ranebennur. The court considered the wife's convenience due to distance, harassment, and care for a minor child.

What did the court decide?

Proceedings in M.C. no.366/2023 transferred from Family Court, Belagavi to Principal Senior Civil Judge and JMFC, Ranebennur.

Smt. Shweta W/O Chetan Appugol Vs Shri Chetan S/O… — Maintenance and Alimony | Karnataka HC (2024)

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NC: 2024:KHC-D:11423 CP No. 100194 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.100194 OF 2023

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BETWEEN:

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SMT. SHWETA W/O. CHETAN APPUGOL, AGE: 25 YEARS, OCC: HOUSEWIFE, R/O:C/O: SURESH MANAGER/ CHANDRAGUNTYAMMA PRASANA KANTI, BEERESWARA NAGAR, 3^RD CROSS, RANEBENNUR, TQ: RANEBENNUR, DIST: HAVERI – 581 115.

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…PETITIONER

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(BY SRI HEMANTHKUMAR L. HAVARAGI, ADVOCATE)

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AND:

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SHRI CHETAN S/O. SHASHIKANT APPUGOL, AGE: 31 YEARS, OCC: PVT.SERVICE, R/O: PLOT NO.7/8, SADASHIV COLONY, BALEKUNDRI KH, TQ: DIST: BELAGAVI, PIN – 590 010.

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

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…RESPONDENT (RESPONDENT IS SERVED)

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THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CPC, PRAYING TO TRANSFER THE OF M.C. NO.366/2023 PENDING ON THE FILE OF FAMILY COURT, BELAGAVI TO PRINCIPAL SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, RANEBENNUR, 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:11423 CP No. 100194 of 2023

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ORAL ORDER

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This petition is filed for transfer of proceedings in M.C.no.366/2023 presently pending on file of Family Court Belagavi to Prl.Senior Civil Judge and JMFC, Ranebennur.

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Sri Hemanthkumar L.Havaragi, learned counsel for petitioner submitted that marriage of petitioner and respondent was solemnized on 16.05.2019 at KPTCL Samudaya Bhavan in Belagavi. After marriage, parties resided together for sometime. From wedlock, a male child by name Ridhan was born. However, due to demand of dowry and harassment etc., petitioner was constrained to reside with her parents. Since, she was without any maintenance, she filed Crl.Misc.296/2023 on 28.07.2023. In meanwhile, respondent had filed M.C.no.366/2023 on 20.07.2023 before Family Court at Belagavi. It was submitted, distance between Ranebennur, place of residence of petitioner and Belagavi was more than 250 k.m and she would be required to travel with minor child. On other hand, respondent was in private service and would be appearing in Miscellaneous Case at Ranebennur in any case. On above grounds, sought for transfer.

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3 - NC: 2024:KHC-D:11423 CP No. 100194 of 2023

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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 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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4. Respondent is served and unrepresented.

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In view of ratio laid down by Hon’ble Supreme Court supra and in light of above facts and circumstances as it would be inconvenient for wife to attend proceedings at two different places.

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Hence, petition is allowed. Proceedings in M.C.no.366/2023 stand withdrawn from Family Court, Belagavi and transferred to Court of Principal Senior Civil Judge and JMFC at Ranebennur.

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Petitioner to co-operate for early conclusion of both proceedings.

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Sd/(RAVI V.HOSMANI) JUDGE

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AM/List No.: 1 Sl No.: 27

Smt. Shweta W/O Chetan Appugol v. Shri Chetan S/O Shashikant Appugol

Case brief

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Smt. Shweta W/O Chetan Appugol v. Shri Chetan S/O Shashikant Appugol

Case brief

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