Smt. Sudha v. Manjunath

Karnataka HC11 Jul 2025CP/100008/2025

Case brief

AI extract

What is this about?

High Court of Karnataka, Dharwad Bench; CP No. 100008 of 2025; decided 11-07-2025 by Justice M.G.S. Kamal. Wife's transfer petition under Section 24 CPC allowed: matrimonial case M.C.No.77/2024 (husband's dissolution suit) transferred from Senior Civil Judge, Hanagal to Senior Civil Judge and JMFC, Laxmeshwar at Shirahatti, invoking Section 19(ii) Hindu Marriage Act 1955; grounds — wife living with parents, ~120 km distance, no financial support, convenience of prosecuting alongside her maintenance case Crl. Misc. No. 253/2024 at Shirahatti; respondent served and unrepresented; no precedents discussed; no monetary quantum awarded.

What did the court decide?

Proceedings in M.C. No.77/2024 pending on the file of the Senior Civil Judge, Hanagal directed to be withdrawn and transferred to the Senior Civil Judge and JMFC, Laxmeshwar sitting at Shirahatti.

Smt. Sudha Vs Manjunath — Matrimonial and Divorce | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Proceedings in M.C. No.77/2024 pending on the file of the Senior Civil Judge, Hanagal directed to be withdrawn and transferred to the Senior Civil Judge and JMFC, Laxmeshwar sitting at Shirahatti.

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Issue for consideration

Whether the proceedings in M.C.No.77/2024 pending before the Senior Civil Judge, Hanagal should be withdrawn and transferred to the Senior Civil Judge and JMFC, Laxmeshwar sitting at Shirahatti, on account of the petitioner-wife residing separately with her parents, the pendency of her maintenance case at Shirahatti, the approximately 120 km distance between Hanagal and Shirahatti, and her lack of independent financial support causing inconvenience in prosecuting the case.

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Court's answer

Accepting the petitioner-wife's pleaded reasons (marital discord, separate residence with her parents, pendency of her maintenance proceedings at Shirahatti, approximately 120 km distance, and absence of financial support), and in the light of Section 19(ii) of the Hindu Marriage Act 1955, the transfer petition was allowed and M.C.No.77/2024 was ordered to be withdrawn from the Senior Civil Judge, Hanagal and transferred to the Senior Civil Judge and JMFC, Laxmeshwar sitting at Shirahatti.

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Ratio / Principle

Notice of the transfer petition was duly served on the respondent-husband who did not enter appearance, and service was accordingly held sufficient, permitting the petition to be disposed of without his participation.

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Detailed headnote1 paragraphs

Transfer petition (Section 24, Code of Civil Procedure, 1908) by a wife: proceedings in M.C.No.77/2024 — dissolution of marriage instituted by the husband before the Senior Civil Judge, Hanagal — were withdrawn and transferred to the Senior Civil Judge and JMFC, Laxmeshwar sitting at Shirahatti, where the wife's own maintenance case (Crl. Misc. No. 253/2024) was already pending. The Single Judge (M.G.S. Kamal, J.), acting under Section 19(ii) of the Hindu Marriage Act 1955, accepted the wife's grounds of marital discord, residence with her parents at Hebbal village, approximately 120 km distance between Hanagal and Shirahatti, absence of financial support and dependence on her aged parents, causing inconvenience in prosecuting the case. The respondent-husband had been served and did not appear; service was held sufficient.

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NC: 2025:KHC-D:8609 CP No. 100008 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 11^TH DAY OF JULY 2025

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BEFORE

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THE HON'BLE MR. JUSTICE M.G.S. KAMAL

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CIVIL PETITION NO.100008 OF 2025

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BETWEEN:

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SMT. SUDHA W/O. MANJUNATH BADIGER @ BADIGAR, R/O: MF VALIYAVR BUILDING, ISHWAR NAGAR, 1^ST CROSS, HUBBALLI, TQ: HUBBALLI.

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…PETITIONER

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(BY SRI. ASHOK I. BADIGER, ADVOCATE)

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Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench, Dharwad

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AND:

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MANJUNATH S/O. SHANTAPPA BADIGER @ BADIGAR AGE: 31 YEARS, OCC: CARPENTOR, R/O: MALAGUND, POST: KALLAPUR, TQ: HANAGAL, DIST: HAVERI.

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…RESPONDENT (RESPONDENT IS SERVED)

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THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CIVIL PROCEDURE CODE – 1908 PRAYING TO PASS AN ORDER TO TRANSFER THE CASE M.C.NO.77/2024 PENDING BEFORE THE SENIOR CIVIL JUDGE HANAGAL TO SENIOR CIVIL JUDGE AND JMFC LAXMESHWAR SITTING AT SHIRAHATTI, IN THE INTEREST OF JUSTICE AND EQUITY.

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

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NC: 2025:KHC-D:8609 CP No. 100008 of 2025

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HC-KAR

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ORAL ORDER

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(PER: THE HON'BLE MR. JUSTICE M.G.S. KAMAL)

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This petition is filed by the petitioner-wife seeking transfer of proceedings in M.C.No.77/2024 on the file of the Senior Civil Judge, Hanagal to Senior Civil Judge and JMFC, Laxmeshwar sitting at Shirahatti, which was instituted by the respondent–husband for dissolution of marriage.

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It is contended that due the marital discord the petitioner–wife is residing separately with her parents at Hebbal village. She has also initiated the proceedings in Crl. Misc. No. 253/2024 seeking the relief of maintenance against the respondent-husband, which is also pending consideration on the file the Senior Civil Judge and JMFC, Laxmeshwar sitting at Shirahatti. The distance between Hanagal and Shirahatti is about 120 kilometres and she has no financial support and she has to depend upon her old age parents, which would cause her inconvenience in participating and prosecuting the matter in M.C. No.77/2024, filed by the respondent - husband. Hence

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NC: 2025:KHC-D:8609 CP No. 100008 of 2025

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HC-KAR

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seeks for order to withdraw and transfer the proceedings in M.C. No.77/2024 pending on the file of the Senior Civil Judge, Hanagal to be placed before the Senior Civil Judge and JMFC, Laxmeshwar sitting at Shirahatti.

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Though notice of this petition is served on the respondent – husband and there is no representation. Hence, service has been held sufficient.

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Accepting the aforesaid reasons, and in the light of provision of section 19(ii) of the Hindu Marriage Act 1955, the petition is allowed. Proceeding in M.C. No.77/2024 pending on the file of the Senior Civil Judge, Hanagal be withdrawn and transferred to the Senior Civil Judge and JMFC, Laxmeshwar sitting at Shirahatti.

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Sd/(M.G.S. KAMAL) JUDGE

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VB & VNP / CT-ASC List No.: 1 Sl No.: 8

Smt. Sudha v. Manjunath

Case brief

What is this about?

What did the court decide?

Smt. Sudha v. Manjunath

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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Statutes considered

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