Smt Shwetha W/O Aviniash Halkarni v. Shri Avinash S/O Arun Halkarni

Karnataka HC23 Jul 2025CP/100029/2025

Case brief

AI extract

What is this about?

Matrimonial case transfer - wife's convenience; M.C. No. 505/2024 under Section 13(i)(ib) Hindu Marriage Act transferred from Family Court, Belagavi to Prl. Senior Civil Judge and CJM, Karwar; Section 24 CPC transfer petition; Section 19(ii) Hindu Marriage Act, 1955; petitioner-wife resident at Karwar; 180 km Karwar-Belagavi distance; NC: 2025:KHC-D:9098.

What did the court decide?

Proceedings in M.C. No. 505/2024 withdrawn from the Family Court, Belagavi and transferred to the Court of the Prl. Senior Civil Judge and CJM, Karwar; parties, being represented through counsel, directed to appear before the Family Court on 28.08.2025 without further notice. ¶Order clause (ii)

Smt Shwetha W/O Aviniash Halkarni Vs Shri Avinash… — Matrimonial and Divorce | Karnataka HC (2025)

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NC: 2025:KHC-D:9098 CP No. 100029 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 23^RD DAY OF JULY 2025

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BEFORE

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THE HON'BLE MR. JUSTICE M.G.S. KAMAL CIVIL PETITION NO.100029 OF 2025

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BETWEEN:

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SMT. SHWETHA W/O. AVINIASH HALKARNI, B/M SHWETHA D/O. NAGRAJ BHATKALKAR, AGE: 35 YEARS, OCC: HOUSEHOLD WORK, R/O: C/O PRAMILA R BHATKALKAR ROSANA HEIGHS APT. 2^ND FLOOR 1382/S/1 HIGH CHURCH ROAD KARAWR (THE RESPONDENT HAS MENTIONED THE ADDRESS IN HIS PETITION THAT, R/O: C/O: PRAMILA BHATKALKAR, 203, 2^ND FLOOR, WINGS C BUILSING, BEHIND ASMA DEVELOPERS KARWAR).

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…PETITIONER

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(BY SRI. S. B. DODDAGOUDAR, 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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SHRI. AVINASH S/O. ARUN HALKARNI, AGE: 38 YEARS, OCC: PVT SERVICE, R/O: 580/B HALKARNI BUILDING, 2^ND BUS STOP, VIJAYA NAGAR, HINDALAGA BELAGAVI, DIST: BELAGAVI – 590 108.

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…RESPONDENT

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(BY SRI. M. S. HIREMATH, ADVOCATE)

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THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CPC PRAYING TO PASS ORDER TRANSFERRING M.C. NO. 505/2024 PENDING ON THE FILE OF PRINCIPAL JUDGE, FAMILY COURT JUDGE, BELAGAVI TO THE COURT AT PRINCIPAL SENIOR CIVIL JUDGE AND CHIEF JUDICIAL MAGISTRATE KARWAR, IN THE INTEREST OF JUSTICE AND EQUITY.

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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:9098 CP No. 100029 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 the proceedings in M.C. No. 505/2024, initiated by the respondent-husband under Section 13(i)(ib) of the Hindu Marriage Act on the file of the Family Court, Belagavi to the Court of the Prl. Senior Civil Judge and CJM, Karwar.

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The marriage between the petitioner and

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respondent solemnized on 19.05.2011 at Mahasati Kalyan Mantap, Kajubag, Karwar. Due to marital discord, the respondent has initiated the above proceedings.

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The learned counsel for the petitioner submits that the petitioner is presently residing at Karwar, and that the distance between Karwar and Belagavi is 180 kilometers. It is submitted that such distance causes considerable hardship for the petitioner to travel repeatedly in order to effectively contest the proceedings.

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Per contra, the learned counsel for the respondent opposes the prayer made by the petitioner.

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It is not in dispute that the petitioner is residing at Karwar, which is at a distance of 180 kilometers from Belagavi.

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3 - NC: 2025:KHC-D:9098 CP No. 100029 of 2025

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HC-KAR

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As per Section 19(ii) of the Hindu Marriage Act, 1955, the petition may be instituted at the place where the respondentwife resides. Considering that the distance between Karwar and Belagavi is admittedly 180 kilometers, this Court is of the considered opinion that the petitioner has made out a case for transfer of the proceedings in the interest of justice.

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In that view of the matter, this Court passes the following:

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ORDER

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i) The petition is allowed.

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ii) The proceedings in M.C. No. 505/2024 on the file of the Family Court, Belagavi, are hereby withdrawn and transferred to the Court of the Prl. Senior Civil Judge and CJM, Karwar.

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iii)Since the parties are represented through their counsels, they shall appear before the Family Court on 28.08.2025 without any further notice.

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

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VB/CT-ASC/List No.: 1 Sl No.: 9

Smt Shwetha W/O Aviniash Halkarni v. Shri Avinash S/O Arun Halkarni

Case brief

What is this about?

What did the court decide?

Smt Shwetha W/O Aviniash Halkarni v. Shri Avinash S/O Arun Halkarni

Case brief

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