Allowed¶21

Smt Yogeshwari W/O Pramod Hubballi v. Shri Pramod S/O Fakirappa Hubballli

Transfer of case – S.24 CPC

Karnataka HC4 Mar 2025CP/100003/2025

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Case brief

AI extract

What is this about?

Karnataka High Court, Dharwad Bench (Justice E.S. Indiresh, 04-03-2025), CP No. 100003 of 2025: transfer petition under Section 24 CPC by wife for transfer of M.C.No.120/2024 from Family Court, Belagavi to competent Family Court, Saundatti; ground: distance over 75 kms causing hardship; wife already pursuing maintenance in Crl.Misc.No.535 of 2024 under S.144 Bharatiya Nagarika Suraksha Samhite at Saundatti; petition allowed, case transferred.

What did the court decide?

Withdrawal of M.C.No.120/2024 from the Family Court, Belagavi and its transfer to the Competent Family Court at Saundatti, forthwith. ¶21

Smt Yogeshwari W/O Pramod Hubballi Vs Shri Pramod S/O Fakirappa Hubballli — Karnataka HC (2025) — LawSathi Research

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1 - NC: 2025:KHC-D:4214 CP No. 100003 of 2025

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 4^TH DAY OF MARCH, 2025 BEFORE

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THE HON'BLE MR. JUSTICE E.S.INDIRESH CIVIL PETITION NO. 100003 OF 2025 (-)

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BETWEEN:

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SMT. YUGESHWARI W/O. PRAMOD HUBBALLI, BEFORE MARRIAGE JYOTI @ PALLAVI, D/O. GANGAPPA SHIRASANGI, AGE: 26 YEARS, OCC: HOUSEHOLD WORK, R/O. H.NO.199, DEVARAJ ARAS COLONY, BASAVAN KUDACHI, BELAGAVI, TQ/DIST: BELAGAVI, EARLIER RESIDING AT AMARA NAGAR, SUTAGATTI, NAVANAGAR, HUBBALLI, TQ: HUBBALLI, DIST: DHARWAD, NOW R/AT C/O. SRI. GANGAPPA MANAPPA SHIRASANGI, CHIKKUMBI VILLAGE, TQ: SAUNDATTI, DIST: BELAGAVI-591126.

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…PETITIONER

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(BY SRI. GANESH RAIBAGI, ADVOCATE)

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AND:

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Digitally signed by MOHANKUMAR B SHELAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.03.07 16:18:39 +0530

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SHRI PRAMOD S/O. FAKIRAPPA HUBBALLI, AGE: 31 YEARS, OCC: SERVICE, R/O. DEVARAJ ARAS COLONY, BASAVAN KUDACHI, BELAGAVI, TQ/DIST: BELAGAVI-591124.

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(BY SRI. KIRANKUMAR S. CHATTIMATH, ADVOCATE)

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…RESPONDENT

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THIS CIVIL PETITION IS FILED U/SEC.24 OF CPC, PRAYING TO WITHDRAW M.C.NO.120/2024 PENDING BEFORE THE HON’BLE FAMILY COURT, BELAGAVI AND TRANSFER TO THE PRINCIPAL CIVIL JUDGE (SR.DN) SAUNDATTI, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.

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THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:

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CORAM: THE HON'BLE MR. JUSTICE E.S.INDIRESH

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2 - NC: 2025:KHC-D:4214 CP No. 100003 of 2025

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ORAL ORDER

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Heard the learned counsel for the petitioner.

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This petition is filed under Section 24 of CPC

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seeking transfer of MC No.120 of 2024 pending consideration before the Family Court at Belagavi to competent Family Court at Saundatti.

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Having taken note of the submission made by the learned counsel for the petitioner, as it is stated that petitioner herein has filed Crl.Misc.No.535 of 2024 under Section of 144 of Bharatiya Nagarika Suraksha Samhite before the competent Court at Saundatti, seeking maintenance from the respondenthusband and taking into consideration the distance between the Belagavi and Saundatti, which is more than 75 kms and as such, the more hardship would be caused to the petitioner herein. Therefore, petition is allowed . MC No.120 of 2024 pending consideration before the Family Court at Belagavi, is hereby

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NC: 2025:KHC-D:4214 CP No. 100003 of 2025

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withdrawn and transferred to the Competent Family

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Court at Saundatti, forthwith.

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Sd/(E.S.INDIRESH) JUDGE

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SB CT-MCK List No.: 2 Sl No.: 17