Allowed¶26

Smt Sushma K W/O Vinayak R P D/O K Kotresh v. Shri Vinayak R P S/O Pampapathi R

Transfer of case – Section 24 CPC – Unopposed transfer petition

Karnataka HC14 Mar 2025CP/100006/2025

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Case brief

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What is this about?

Keywords: Section 24 CPC; transfer of matrimonial case; M.C.No.454/2023; Family Court, Davanagere; transfer to competent Court at Kudligi, Vijayanagara District; hardship to petitioner-wife; WPC in Traffic Police Station, Hosapete; respondent jail warden, Chitradurga; unopposed transfer; respondent served and absent; petition allowed; case withdrawn and transferred forthwith; E.S. Indiresh, J.; Dharwad Bench; dated 14-03-2025; CP No. 100006 of 2025; NC: 2025:KHC-D:4783.

What did the court decide?

Transfer petition allowed; M.C.No.454/2023 withdrawn from the file of the Family Court, Davanagere and transferred to the competent Court at Kudligi, Vijayanagara District forthwith. ¶26

Smt Sushma K W/O Vinayak R P D/O K Kotresh Vs Shri Vinayak R P S/O Pampapathi R — Karnataka HC (2025) — LawSathi Research

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1 - NC: 2025:KHC-D:4783 CP No. 100006 of 2025

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 14^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. 100006 OF 2025 (-)

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BETWEEN:

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SMT. SUSHMA K. W/O. VINAYAK R.P. D/O. K. KOTRESH, AGE: 26 YEARS OCC: WPC IN TRAFFIC POLICE STATION, AT HOSAPETE, R/O. #248, RAJEEV NAGARA, KOTTURU, TQ: KUDLIGI, DIST: VIJAYANGARA-583134.

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…PETITIONER

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(BY SRI. A.S. PATIL, SABEEL AHMED & SRI. SUHAS K. HOSAMANI, ADVOCATES)

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AND:

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Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.03.18 10:57:18 +0530

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SHRI VINAYAK R.P. S/O. PAMPAPATHI R., AGE: 34 YEARS, OCC: JAIL WARDEN, CHITRADURGA, R/O. SITE NO.2, DOOR NO.3, S.P. OFFICE OPPOSITE, DEVRAJ URS LAYOUT, DAVANAGERE-577006, TQ: DIST: DAVANAGERE.

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…RESPONDENT

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THIS CIVIL PETITION FILED UNDER SECTION 24 OF CPC, PRAYING TO PASS APPROPRIATE DIRECTION OR ORDER, ORDERING TO TRANSFER THE PROCEEDINGS IN M.C. NO.454/2023 PENDING ON THE FILE OF HON’BLE FAMILY COURT, DAVANAGERE AT DAVANAGERE TO ANY OF THE COMPETENT HON’BLE SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS COURT AT KUDLIGI, IN THE INTEREST OF JUSTICE AND EQUITY.

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NC: 2025:KHC-D:4783 CP No. 100006 of 2025

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

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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

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seeking transfer of M.C.No.454/2023 pending on the file of the Family Court, Davanagere to the competent Court at Kudligi, Vijayanagara District.

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The respondent is served and remained absent.

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Having taken note of the submission made by

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the learned counsel appearing for the petitioner and taking

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into consideration the hardship that may be caused to the petitioner, I am of the view that M.C.No.454/2023 requires to be transferred from the Family Court, Davanagere to

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the competent Court at Kudligi. Accordingly, the petition is allowed.

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