Allowed¶23

Smt Yalajakshi Alias Rekha W/O Peerappa Gouli v. Sri Peerappa S/O Maruti Gouli

Transfer of matrimonial case – Section 24 CPC

Karnataka HC5 Mar 2025CP/100005/2025

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What is this about?

Karnataka High Court, Dharwad Bench (E.S. Indiresh J., 05-03-2025) in CP No. 100005 of 2025: wife's petition under Section 24 CPC for transfer of matrimonial case M.C.No.37/2024 from Senior Civil Judge and JMFC, Kalghatagi to Haliyal allowed on the ground of hardship; parties residing separately for over 12 years; petitioner has a child; case withdrawn and transferred to the competent Family Court at Haliyal.

What did the court decide?

Transfer of M.C.No.37/2024 from the file of the Senior Civil Judge and JMFC, Kalghatagi to the competent Family Court at Haliyal. ¶23

Smt Yalajakshi Alias Rekha W/O Peerappa Gouli Vs Sri Peerappa S/O Maruti Gouli — Karnataka HC (2025) — LawSathi Research

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1 - NC: 2025:KHC-D:4293 CP No. 100005 of 2025

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IN THE HIGH COURT OF KARNATAKA,

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DHARWAD BENCH

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DATED THIS THE 5^TH DAY OF MARCH, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE E.S.INDIRESH CIVIL PETITION NO. 100005 OF 2025 (-)

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BETWEEN:

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SMT. YALAJAKSHI @ REKHA @ YALLAMMA W/O. PEERAPPA GOULI @ BABU, AGE: 39 YEARS, OCC: HOUSEHOLD WORK, R/O. H.NO.192, GOPAL DAIRY, 3^RD NO.GATE, HALIYAL ROAD, DANDELI, TQ: DANDELI, DIST: UTTARA KANNADA-581325.

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…PETITIONER

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(BY SMT. CHITRA M. GOUNDALKAR, ADVOCATE) AND:

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SRI. PEERAPPA S/O. MARUTI GOULI @ BABU, AGE: 43 YEARS, OCC: AGRICULTURIST CUM MILK BUSINESS, R/O. GOULI ONI, MISHRIKOTI, (SAVANUR ROAD) TQ: KALAGHATAGI, DIST: DHARWAD-581204.

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…RESPONDENT

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MOHANKUMAR B SHELAR Digitally signed by MOHANKUMAR B SHELAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH

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(BY SRI. VELSILA J. JOSEPH, ADVOCATE)

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THIS CIVIL PETITION FILED UNDER SECTION 24 OF CPC, PRAYING TO TRANSFER M.C.NO.37/2024 PENDING ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC, KALAGHATAGI TO THE COMPETENT COURT AT HALIYAL VIZ. SENIOR CIVIL JUDGE AND JMFC, HALIYAL, IN THE INTEREST OF JUSTICE.

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

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NC: 2025:KHC-D:4293 CP No. 100005 of 2025

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

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ORAL ORDER

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This petition is filed under Section 24 of CPC seeking transfer of M.C.No.37/2024 pending consideration before the Senior Civil Judge and JMFC, Kalghatagi to the competent Court at Haliyal.

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Having taken note of the submission made by the learned counsel appearing for the parties, it is stated in the petition that the parties are residing separately for more than 12 years and also petitioner is having a child. In that view of the matter and taking into consideration the hardship that may be caused to the petitioner herein, I find force in the submission made by the learned counsel appearing for the petitioner.

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3. Accordingly, the petition is allowed.

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