Allowed¶25

Smt. Kavita W/O Basavaraj Didgi v. Sri. Basavaraj S/O Narappa Didgi

Transfer of case – Section 24 CPC

Karnataka HC17 Mar 2025CP/100033/2025

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What is this about?

Karnataka High Court, Dharwad Bench (E.S.INDIRESH, J., 17-03-2025) allowed a wife's transfer petition under Section 24 CPC, withdrawing M.C.No.37/2024 from the Senior Civil Judge and JMFC, Harapanahalli and transferring it to the jurisdictional court at Haveri, citing the around 75 kms distance and the petitioner's pending domestic violence case Crl.Misc.No.203/2024; respondent-husband was served and unrepresented.

What did the court decide?

Transfer of M.C.No.37/2024 from the file of the Senior Civil Judge and JMFC, Harapanahalli to the competent jurisdictional court at Haveri. ¶25

Smt. Kavita W/O Basavaraj Didgi Vs Sri. Basavaraj S/O… — Domestic Violence | Karnataka HC (2025)

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NC: 2025:KHC-D:4881 CP No. 100033 of 2025

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 17^TH DAY OF MARCH, 2025 BEFORE

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THE HON'BLE MR. JUSTICE E.S.INDIRESH CIVIL PETITION NO. 100033 OF 2025 (-)

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BETWEEN:

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SMT. KAVITA W/O. BASAVARAJ DIDGI, AGED ABOUT 38 YEARS, OCC: HOMEMAKER, R/O. C/O. SRI. VAMANNA V. BANNIMATH, SHIVABASAVA NAGAR, TQ & DIST: HAVERI.

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…PETITIONER

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(BY SRI. GIRISH CHINNAPPA KATTIMANI, ADVOCATE) AND:

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SRI. BASAVARAJ S/O. NARAPPA DIDGI, AGED ABOUT 39 YEARS, OCC: ENGINEER IN JINDAL INDUSTRIES, R/O. JANGAMATUMBAGERI, TQ: HARAPANAHALLI, DIST: VIJAYANAGAR-583131.

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…RESPONDENT

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(RESPONDENT SERVED AND UNREPRESENTED)

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MOHANKUMAR B SHELAR Digitally signed by MOHANKUMAR B SHELAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH

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THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CPC, PRAYING TO ALLOW THE CIVIL PETITION BY WITHDRAWING M.C.NO.37/2024 PENDING ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, HARAPANAHALLI AND TRANSFER AND THE SAME TO THE JURISDICTIONAL COURT, HAVERI FOR TRIAL AND DISPOSAL IN ACCORDANCE WITH LAW, TO MEET THE ENDS 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:4881 CP No. 100033 of 2025

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ORAL ORDER

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This petition is filed under Section 24 of the Code of Civil Procedure, 1908 (for short “CPC”) seeking transfer of M.C.No.37/2024 pending on the file of the Senior Civil Judge and JMFC, Harapanahalli to the competent jurisdictional Court at Haveri.

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Heard the learned counsel appearing for the petitioner-wife. The respondent-husband though served with notice, has remained unrepresented.

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Having taken note of the submissions made by the

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learned counsel appearing for the petitioner-wife that the petitioner herein has filed Crl.Misc.No.203/2024 under the provisions of Domestic Violence Act against the respondent herein and taking into consideration the distance between Harapanahalli and Haveri is around 75 kms, I find force in the submissions made by the learned counsel appearing for the petitioner-wife and in that view of the matter, petition stands allowed.

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3 - NC: 2025:KHC-D:4881 CP No. 100033 of 2025

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In the result, the M.C.No.37/2024 pending on the

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file of the Senior Civil Judge and JMFC, Harapanahalli is hereby withdrawn and transferred to the competent jurisdictional court at Haveri, forthwith.

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In view of disposal of the petition, pending interlocutory applications, if any, do not survive for

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consideration and are disposed of accordingly.

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Sd/(E.S.INDIRESH) JUDGE

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YAN CT-MCK List No.: 2 Sl No.: 20

Smt. Kavita W/O Basavaraj Didgi v. Sri. Basavaraj S/O Narappa Didgi

Case brief

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Smt. Kavita W/O Basavaraj Didgi v. Sri. Basavaraj S/O Narappa Didgi

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