Allowed¶27

Nikita W/O Varun Gongadi v. Varun S/O Mahadevappa Gongadi

Karnataka HC21 Mar 2025CP/100025/2025

Case brief

AI extract

What is this about?

Transfer petition under Section 24 CPC; transfer of matrimonial case M.C.No.43/2024 from Senior Civil Judge and JMFC, Harapanahalli to competent Court at Gadag; wife's convenience; care of minor son in 4th standard; approximate 100 km distance between Harapanahalli and Gadag; respondent served and unrepresented; prayer originally addressed to Principal Judge Family Court at Gadag; neutral citation NC: 2025:KHC-D:5253; decided 21-03-2025.

What did the court decide?

M.C.No.43/2024 withdrawn from the file of the Senior Civil Judge and JMFC, Harapanahalli and transferred to the competent Court at Gadag forthwith; pending interlocutory applications, if any, disposed of. ¶27

Nikita W/O Varun Gongadi Vs Varun S/O Mahadevappa Gongadi — Karnataka HC (2025) — LawSathi Research

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1 - NC: 2025:KHC-D:5253 CP No. 100025 of 2025

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 21^ST DAY OF MARCH, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE E.S.INDIRESH CIVIL PETITION NO. 100025 OF 2025 (-)

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BETWEEN:

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NIKITA W/O. VARUN GONGADI, AGE: 37 YEARS, OCC: HOMEMAKER, R/O. PLOT NO. 11 AND 12, MANVI LAYOUT, SHIDLING NAGAR, GADAG-582103, TQ/DIST: GADAG.

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…PETITIONER

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(BY SMT. KAVYA C. SHETTAR, ADVOCATE)

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AND:

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VARUN S/O. MAHADEVAPPA GONGADI, AGE: 41 YEARS, OCC: ENGINEER, R/O. BESIDE VASAVI KALYAN MANTAP, HARAPANAHALLI-583131, DIST: VIJAYANAGARA.

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…RESPONDENT

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(RESPONDENT SERVED AND UNREPRESENTED)

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Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.03.22 15:55:01 +0530

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CIVIL PETITION FILED UNDER SECTION 24 OF CPC PRAYING TO ALLOW THIS CIVIL PETITION BY TRANSFERRING THE CASE IN M.C.NO.43/2024 PENDING ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC HARAPANAHALLI TO PRINCIPAL JUDGE FAMILY COURT AT GADAG FOR PROPER ADJUDICATION OF THE MATTER 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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CORAM: THE HON'BLE MR. JUSTICE E.S.INDIRESH

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NC: 2025:KHC-D:5253 CP No. 100025 of 2025

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ORAL ORDER

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(PER: THE HON'BLE MR. JUSTICE E.S.INDIRESH)

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Heard the learned counsel appearing for the petitioner.

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Respondent is served remained absent.

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The petitioner-wife has filed this petition under Section 24 of CPC seeking transfer of MC No.43/2024 pending on the file of the Senior Civil Judge and JMFC, Harapanahalli to the competent Court at Gadag.

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Having taken note of the submission made by the

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learned counsel appearing for the petitioner and as the petitioner has to take care of her minor son, who is pursuing 4^th standard and also the distance between Harapanahalli and Gadag is approximately around 100 km, the petition deserves to be allowed. Accordingly, the petition is allowed.

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In the result, the M.C.No.43/2024 pending consideration before the court of Senior Civil Judge and JMFC, Harapanahalli is hereby withdrawn and transferred to the competent Court at Gadag, forthwith.

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NC: 2025:KHC-D:5253 CP No. 100025 of 2025

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