Allowed¶33

Smt. Sushma W/O Kartik Navani v. Sri Kartik S/O Fakkirappa Navani

Transfer of Proceedings – Section 24 CPC

Karnataka HC13 Jun 2025CP/100062/2025

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Case brief

AI extract

What is this about?

Transfer petition under Section 24 CPC by wife; transfer of husband's divorce case M.C.No.7366/2024 under Section 13(1)(ia) Hindu Marriage Act from Family Court Bengaluru to Family Court Dharwad; Section 19 Hindu Marriage Act jurisdiction; 431 km distance and hardship to wife; marriage dated 20.02.2022 at Dharwad; Karnataka High Court, Dharwad Bench; M.G.S. Kamal J.; petition allowed; appearance directed on 30.06.2025; NC: 2025:KHC-D:7663.

What did the court decide?

Transfer of M.C.No.7366/2024 from the I Additional Principal Judge, Family Court, Bengaluru to the Family Court at Dharwad; parties directed to appear before the Family Court on 30.06.2025 without further notice. ¶33

Smt. Sushma W/O Kartik Navani Vs Sri Kartik S/O… — Matrimonial and Divorce | Karnataka HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the wife-petitioner's transfer petition under Section 24 CPC should be allowed by transferring M.C.No.7366/2024 pending before the I Additional Principal Judge, Family Court, Bengaluru to the Family Court at Dharwad.

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Court's answer

The marriage took place at Dharwad and the petitioner admittedly resides at Dharwad; in terms of Section 19 of the Hindu Marriage Act the divorce petition is required to be filed where the respondent resides; the admitted distance of 431 kilometers between Bengaluru and Dharwad would put the petitioner to hardship; accordingly the petitioner has made out a case for allowing the transfer petition.

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Ratio / Principle

The petition is allowed and the matter in M.C.No.7366/2024 pending on the file of the I Additional Principal Judge, Family Court, Bengaluru is transferred to the Family Court at Dharwad.

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Key takeaways

Since the parties are represented through their counsels, they shall appear before the Family Court (Dharwad) on 30.06.2025 without any further notice.ratio¶38

Detailed headnote1 paragraphs

Transfer of Proceedings – Section 24 CPC – wife-petitioner sought transfer of husband's divorce petition M.C.No.7366/2024 under Section 13(1)(ia) Hindu Marriage Act from the I Additional Principal Judge, Family Court, Bengaluru to the Family Court at Dharwad – marriage solemnised at Dharwad on 20.02.2022 and petitioner admittedly residing at Dharwad – distance between Bengaluru and Dharwad 431 kilometers – Court noted that in terms of Section 19 Hindu Marriage Act the divorce petition is required to be filed where the respondent resides – petitioner held to have made out a case – petition allowed, matter transferred to Family Court, Dharwad – parties, being represented through counsel, directed to appear before the transferee Court on 30.06.2025 without further notice (Coram: M.G.S. Kamal J.; NC: 2025:KHC-D:7663).

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NC: 2025:KHC-D:7663 CP No. 100062 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 13^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.100062 OF 2025

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BETWEEN:

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SMT. SUSHMA W/O. KARTIK NAVANI, AGE: 27 YEARS, OCC: HOUSEWIFE, R/O: TOTAD BUILDING, BHOVI PLOT, SRIRAMNAGAR, NEAR SHANKAR GENERAL STORE, DHARWAD – 580 007.

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…PETITIONER

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(BY SRI. P. G. CHIKKANARAGUND, ADVOCATE)

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AND:

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SRI. KARTIK S/O. FAKKIRAPPA NAVANI, AGE: 29 YEARS, R/O: 89, 2^ND MAIN, 2^ND FLOOR, SAKKAMMA GARDEN, VIJAYRANGAM LAYOUT, BASAVANGUDI, BENGALURU – 560 004.

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

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…RESPONDENT (SOLE RESPONDENT IS SERVED)

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THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CIVIL PROCEDURE CODE, PRAYING TO TRANSFER THE CASE BEARING MC NO.7366/2024 PENDING CONSIDERATION BEFORE THE LEARNED 1^ST ADDL. PRINCIPAL JUDGE, FAMILY COURT, BENGALURU TO FAMILY COURT DHARWAD IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.,

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

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NC: 2025:KHC-D:7663 CP No. 100062 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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The present petition is by the wife seeking

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transfer of proceedings in M.C.No.7366/2024 initiated by the respondent-husband under Section 13(1)(ia) of Hindu Marriage Act pending consideration on the file of the I Additional Principal Judge, Family Court, Bengaluru to the Family Court at Dharwad.

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Marriage between the petitioner and respondent having taken place on 20.02.2022, at Shri Kudali Acharya Akshobya Theertha Mahasansthana Shri Seetha Pattabhiramachandraaaa Temple Hanumantha Nagar, Dharwad 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

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Bengaluru where the present proceedings is pending consideration and Dharwad is about more than 431 kilometers and the petitioner would be put to hardship to

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3 - NC: 2025:KHC-D:7663 CP No. 100062 of 2025

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HC-KAR

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travel all the way from Dharwad to Bengaluru to contest the proceedings effectively.

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

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The marriage of the petitioner and respondent is admittedly had taken place in Dharwad and petitioner is admittedly residing at Dharwad. 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 Bengaluru and Dharwad is 431 kilometers. This Court is of the considered view that petitioner has made out a case of allowing of the petition.

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