Smt Gouramma W/O Ganesh Washappanavar Vs Sri Ganesh S/O Subash Washappanavar

THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CPC, PRAYING TO TRANSFER M.C.NO.91/2024 PENDING ON THE FILE OF THE COURT OF SENIOR CIVIL JUDGE SAUNDATTI TO THE COURT OF THE SENIOR CIVIL JUDGE AND JMFC BADAMI IN THE INTEREST OF JUSTICE AND ETC.,

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THIS CIVIL PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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2 -

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NC: 2025:KHC-D:7405 CP No. 100012 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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Present petition is by the wife under Section 24 of Civil Procedure Code, 1908, seeking transfer of petition in MC No.91/2024 pending on the file of Senior Civil Judge, Saundatti under Section 9 of the Hindu Marriage Act, 1955, to the Court of Senior Civil Judge and JMFC, Badami.

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Marriage of the petitioner with the respondent having been solemnized on 13.05.2020 at Asundi village, Saundatti Taluk, is not in dispute. There appears to be marital discord between the petitioner and the respondent. Petitioner has initiated proceedings under Section 125 of Cr.P.C., seeking maintenance in Criminal Miscellaneous No.894/2024 on 21.08.2024 on the file of Principal Civil Judge and JMFC, Badami which is pending consideration.

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Learned counsel for the petitioner submits that it is only thereafter, the respondent-husband has initiated proceedings under Section 9 of the Hindu Marriage Act,

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3 - NC: 2025:KHC-D:7405 CP No. 100012 of 2025

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HC-KAR

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1955, in MC No.91/2024 on the file of Senior Civil Judge, Saundatti. He further submits that, the petitioner-wife has also initiated proceedings under Section 13 of the Hindu Marriage Act, 1955, seeking dissolution of marriage in MC No.78/2024 on 04.11.2024 on the file of Senior Civil Judge and JMFC, Badami. He further submits that the distance between Badami and Saundatti is about 75 kilo meters and apart from distance, since the petitioner has already initiated proceedings it would be more convenient for the petitioner to prosecute all the matters initiated by the respondent transfer to the Court at Badami.

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Learned counsel for the respondent on the other hand submitted that, the respondent-husband is always ready and willing to take back the petitioner-wife. The present proceedings initiated by the wife is only to cause harassment and hardship to the respondenthusband. There is no difficulty for her to prosecute the proceedings at Saundatti.

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Heard and perused the records.

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4 - NC: 2025:KHC-D:7405 CP No. 100012 of 2025

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HC-KAR

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The fact of petitioner-wife initiated the

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proceedings in Criminal Miscellaneous No.894/2024 and MC No.78/2024 which are pending consideration before the Court at Badami, is not in dispute. The distance

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between Badami to Saundatti is 75 kilo meters. In considered view of this Court, it is appropriate that the proceedings initiated by the respondent-husband in MC No.91/2024 under Section 9 of the Hindu Marriage Act, 1955, be withdrawn and transferred to be adjudicated by the Senior Civil Judge and JMFC Court at Badami. Accordingly, petition is allowed.

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Since, the parties are represented through their

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counsel they shall appear before the Court at Badami on

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30.06.2025 without any further notice.

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

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SMM/CT-ASC List No.: 1 Sl No.: 34

Smt Gouramma W/O Ganesh Washappanavar v. Sri Ganesh S/O Subash Washappanavar

Case brief

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Smt Gouramma W/O Ganesh Washappanavar v. Sri Ganesh S/O Subash Washappanavar

Case brief

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