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Smt. Gunavathi W/O Girish Hegde D/O Late Shivaraya Acharya Aliyas Shivappa Acharya v. Girish S/O Dattatraya Hegde

Karnataka HC6 Jun 2025CP/100028/2024

Case brief

AI extract

What is this about?

Transfer of matrimonial proceedings; Section 24 Code of Civil Procedure; Section 13(i)(a)i(b) Hindu Marriage Act divorce petition; Section 19 Hindu Marriage Act venue; convenience and hardship of wife; 250 km distance Siddapur-Suratkal; M.C.No.43/2023; Senior Civil Judge Sirsi (Sitting at Siddapur); Family Court Mangaluru; Suratkal residence; High Court of Karnataka Dharwad Bench; Justice M.G.S. Kamal; 2025.

What did the court decide?

M.C.No.43/2023 pending before the Senior Civil Judge, Sirsi (Sitting at Siddapur) withdrawn and transferred to the Family Court at Mangaluru; parties directed to appear before the Family Court on 30.06.2025 without further notice. ¶6

Smt. Gunavathi W/O Girish Hegde D/O Late Shivaraya… — Matrimonial and Divorce | Karnataka HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the proceedings in M.C.No.43/2023 pending before the Senior Civil Judge at Siddapur should be withdrawn and transferred to the Family Court at Mangaluru, given that the petitioner-wife resides at Suratkal and the distance of about 250 kilometres would cause her hardship.

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Court's answer

The marriage took place at Suratkal and the petitioner admittedly resides at Suratkal; under Section 19 of the Hindu Marriage Act the divorce petition is required to be filed where the respondent resides; the admitted distance between Siddapur and Suratkal being 250 kilometres, the Court held that the petitioner had made out a case for allowing the petition.

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Ratio / Principle

The transfer petition is allowed, and M.C.No.43/2023 pending on the file of the Senior Civil Judge, Sirsi (Sitting at Siddapur) is directed to be transferred to the Family Court at Mangaluru.

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Key takeaways

Since the parties are represented through their counsels, they shall appear before the Family Court on 30.06.2025 without any further notice.ratio¶7

Detailed headnote1 paragraphs

Wife's transfer petition under Section 24 of the Code of Civil Procedure allowed. Divorce proceedings M.C.No.43/2023 under Section 13(i)(a)i(b) of the Hindu Marriage Act, initiated by the husband and pending before the Senior Civil Judge, Sirsi (sitting at Siddapur), transferred to the Family Court, Mangaluru. Grounds: marriage solemnised at Suratkal on 01.07.2018; petitioner-wife admittedly residing at Suratkal; per Section 19 of the Hindu Marriage Act the divorce petition is required to be filed where the respondent resides; admitted distance between Siddapur and Suratkal of 250 kilometres would cause hardship to the wife. Parties directed to appear before the Family Court, Mangaluru on 30.06.2025 without further notice.

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NC: 2025:KHC-D:7386 CP No. 100028 of 2024

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 6^TH DAY OF JUNE 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.100028 OF 2024

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BETWEEN:

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SMT. GUNAVATHI W/O. GIRISH HEGDE D/O. LATE SHIVARAYA ACHARYA @ SHIVAPPA ACHARYA, AGE: 50 YEARS, OCC: NIL, R/O: “MATHRUSHREE NILAYA” NEAR T GARDEN, SRINIVASNAGAR, SURATKAL – 575 025, TQ AND DIST: DAKSHINA KANNADA.

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…PETITIONER

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(BY SRI. RAGHUVEER R. SATTIGERI, ADVOCATE)

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AND:

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

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GIRISH S/O. DATTATRAYA HEGDE, AGE: 48 YEARS, OCC: AGRICULTURE, R/O: KARMANE, POST: TYARASI – 581 355, TQ: SIDDAPUR, DIST: UTTAR KANNADA.

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(BY SRI. VINAY KUMAR, ADVOCATE)

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…RESPONDENT

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THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CODE OF CIVIL PROCEDURE PRAYING TO ALLOW THIS PRESENT PETITION BY WITHDRAWING M.C.NO.43/2023 PENDING ON FILE OF THE SENIOR CIVIL JUDGE SIRSI (SITTING AT SIDDAPUR) AND TRANSFERRING TO THE FAMILY COURT MANGALURU, DAKSHINA KANNADA, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.,

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

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NC: 2025:KHC-D:7386 CP No. 100028 of 2024

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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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The present petition is by the wife seeking transfer of proceedings in M.C.No.43/2023 initiated by the respondent-husband under Section 13(i)(a)i(b) of Hindu Marriage Act pending consideration on the file of the Senior Civil Judge (Itinary) at Siddapur to the Family Court at Mangaluru.

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Marriage between the petitioner and respondent having taken place on 01.07.2018, at Vishwakarma Kalyana Mantapa Suratkal (D.K.) is not in dispute. It appears due to the marital discord, the respondent has initiated the aforesaid proceedings seeking dissolution of marriage.

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It is submitted that the distance between Siddapur where the present proceedings is pending consideration and Suratkal is about more than 250 kilometers and the petitioner would be put to hardship to

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3 - NC: 2025:KHC-D:7386 CP No. 100028 of 2024

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HC-KAR

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travel all the way from Suratkal to Siddapur to contest the proceedings effectively.

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Counsel for the respondent vehemently opposes the request made by the petitioner and submits that Siddapur being the last place of residence of the petitioner and respondent, the said court would get jurisdiction as the marriage was conducted at Suratkal.

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The marriage of the petitioner and respondent is admittedly had taken place in Suratkal and petitioner is admittedly residing at Suratkal. Even in terms of Section 19 of Hindu Marriage Act, the petition for divorce is required to be filed where the respondent resides. Further, admittedly the distance between Siddapur and Suratkal is 250 kilometers. This Court is of the considered view that petitioner has made out a case of allowing of the petition.

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