Vijayalaxmin Alias Kavya W/O Manjunath Benni v. Manjunath S/O Ulavappa Benni

Karnataka HC4 Mar 2025CP/100015/2025

Case brief

AI extract

What is this about?

Keywords: Section 24 CPC; transfer petition; wife-petitioner convenience; MC No.40/2024; Senior Civil Judge and JMFC Kalghatagi to Family Court Laxmeshwar; aged parents; no source of income; travel more than 100 kms; High Court of Karnataka Dharwad Bench; Justice E.S.Indiresh; oral order 04-03-2025; petition allowed; matrimonial case transfer.

What did the court decide?

Transfer of MC No.40 of 2024 from the file of the Senior Civil Judge and JMFC, Kalghatagi to the Competent Family Court at Laxmeshwar, forthwith. ¶¶28-¶30

Vijayalaxmin Alias Kavya W/O Manjunath Benni Vs Manjunath S/O Ulavappa Benni — Karnataka HC (2025) — LawSathi Research

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NC: 2025:KHC-D:4215 CP No. 100015 of 2025

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 4^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. 100015 OF 2025 (-)

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BETWEEN:

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VIJAYALAXMI @ KAVYA W/O. MANJUNATH BENNI, AGE: 24 YEARS, OCC: HOUSEWIFE, R/O. GALAGI, HULKOPPA, TQ: KALGHTAGI, DIST: DHARWAD, NOW AT, R/O. BASTIBAN, TQ: LAXMESHWAR, DIST: GADAG-582116.

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…PETITIONER

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(BY SRI. SHIVA SHIRUR, ADVOCATE)

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AND:

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MANJUNATH S/O. ULAVAPPA BENNI, AGE: 33 YEARS, OCC: PRIVATE JOB, R/O. GALAGI,HULKOPPA, TQ: KALGHATAGI, DIST: DHARWAD-580118.

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…RESPONDENT

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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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(BY SRI. G.D. PATIL, ADVOCATE)

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THIS CIVIL PETITION IS FILED U/SEC.24 OF CPC, PRAYING TO ALLOW THIS PETITION AND TRANSFER THE CASE IN MC NO.40/2024 PENDING ON THE FILE OF HON’BLE SENIOR CIVIL JUDGE AND JMFC, KALGHATAGI TO THE HON’BLE SENIOR CIVIL JUDGE AND JMFC, LAXMESHWAR, IN THE INTEREST OF JUSTICE AND EQUITY.

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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:4215 CP No. 100015 of 2025

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ORAL ORDER

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Heard the learned counsel appearing for the parties.

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This petition is filed by petitioner-wife under

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Section 24 of CPC seeking transfer of MC No.40 of 2024 pending consideration before the Senior Civil Judge and JMFC, Kalghatagi to the competent Family Court at Laxmeshwar.

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Having taken note of the submission made

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by the learned counsel for the petitioner, as it is stated that the petitioner is residing at Bastiban village, Laxmeshwar Taluk and petitioner’s parents are aged and they cannot accompany her to attend the case regularly, so also she has no sufficient source of income to travel for more than 100 kms and as such, I find force in the submission made by learned counsel for the petitioner and accordingly, petition is allowed . MC No.40 of 2024 pending consideration before the

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NC: 2025:KHC-D:4215 CP No. 100015 of 2025

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Senior Civil and JMFC, Kalghatagi, is hereby

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withdrawn and transferred to the Competent Family

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Court at Laxmeshwar, forthwith.

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Sd/(E.S.INDIRESH) JUDGE

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