Smt Nirmala W/O Mahantesh Bhagavati Lias Vaidya Vs Mahantesh S/O Neelakantappa Bhagavati Alias Vaidya

¶1

1 -

¶2

NC: 2025:KHC-D:9139 CP No. 100066 of 2025

¶3

HC-KAR

¶4

IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 24^TH DAY OF JULY 2025

¶5

BEFORE

¶6

THE HON'BLE MR. JUSTICE M.G.S. KAMAL CIVIL PETITION NO.100066 OF 2025

¶7

BETWEEN:

¶8

SMT. NIRMALA W/O. MAHANTESH BHAGAVATI @ VAIDYA, AGE: 30 YEARS, OCC: HOUSEHOLD, R/O: KUTANAKERI, TQ: BADAMI, (CURRENTLY UNDER C/O. IRAPPA HADAPAD, VILLAGE HANHINAL, TQ: SAVADATTI, DIST: BELAGAVI – 591 110.

¶9

…PETITIONERS

¶10

(BY SRI. POOJA R. SAVADATTI, ADVOCATE)

¶11

AND:

¶12

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

¶13

MAHANTESH S/O NEELAKANTAPPA BHAGAVATI @ VAIDYA, AGE: 43 YEARS, OCC: BANK EMPLOYEE AND AGRICULTURE, R/O: KUTANAKERI, VILLAGE, TQ: BADAMI, DIST: BAGALKOTE – 587 201.

¶14

…RESPONDENT

¶15

(BY SRI. D.M.MALLI, ADVOCATE)

¶16

THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CODE OF CIVIL PROCEDURE PRAYING TO PASS AN ORDER TO TRANSFER M.C. PETITION NO.26/2023 PENDING ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC BADAMI, BAGALKOT TO THE FILE OF SENIOR CIVIL JUDGE AND JMFC COURT, SAVADATTI TO MEET THE ENDS OF JUSTICE.

¶17

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

¶18

2 -

¶19

NC: 2025:KHC-D:9139 CP No. 100066 of 2025

¶20

HC-KAR

¶21

ORAL ORDER

¶22

(PER: THE HON'BLE MR. JUSTICE M.G.S. KAMAL)

¶23

The petitioner-wife is before this Court seeking

¶24

transfer of the petition in M.C.No.26/2023, pending consideration on the file of Senior Civil Judge and JMFC, Badami, filed by the respondent-husband under Section 13 (1)(i) of the Hindu Marriage Act to the Court of Senior Civil Judge and JMFC, Saundatti.

¶25

The marriage of the parties having taken place on 21.12.2012 and the birth of a child is not in dispute. Due to some marital discord, a dispute arose between the parties.

¶26

The petitioner has initiated proceedings in Crl. Misc. No.361/2022 under Section 125 of Cr.P.C. seeking maintenance, which is pending consideration before the Principal Civil Judge and JMFC at Saundatti. The respondent-husband is prosecuting the said matter.

¶27

Counsel for the petitioner submits that, as a counterblast, the respondent has initiated the aforesaid

¶28

3 - NC: 2025:KHC-D:9139 CP No. 100066 of 2025

¶29

HC-KAR

¶30

divorce proceedings in M.C. No.26/2023 before the Senior

¶31

Civil Judge and JMFC, Badami. He submits that the distance between Saundatti and Badami is about 85 km, which causes extreme inconvenience to the petitioner in prosecuting the matter. Hence, he seeks that the petition be allowed.

¶32

Per contra, Sri D.M.Malli, learned counsel appearing for the respondent, at the outset submits that the petitioner has initiated a suit for partition in O.S. No.9/2023 against the respondent-husband and his family members. The said matter is also pending before the Senior Civil Judge and JMFC, Badami, where M.C. No.26/2023 is pending. Therefore, he submits that no purpose would be served by transferring the matter to the Saundatti Court and hence seeks dismissal of the petition.

¶33

Heard and perused the records.

¶34

The petitioner has already initiated proceedings

¶35

under Section 125 of Cr.P.C. in Crl. Misc. No.361/2022,

¶36

4 - NC: 2025:KHC-D:9139 CP No. 100066 of 2025

¶37

HC-KAR

¶38

and the order sheet of the said case is enclosed with the present petition. It indicates that the matter is now posted for the respondent's evidence. An interim maintenance order has been passed directing the respondent-husband to pay maintenance. The proceedings in M.C.No.26/2023 have been initiated subsequently by the respondent in the Badami Court. Section 19(ii) of the Hindu Marriage Act envisages filing of the petition where the respondent resides, but the convenience of the wife is also one of the criteria to be considered. On these grounds, the petitioner is entitled to a transfer of M.C.No.26/2023 from the file of

¶39

the Senior Civil Judge and JMFC, Badami, to the Senior Civil Judge and JMFC, Saundatti.

¶40

As regards the petitioner initiating proceedings in O.S.No.09/2023, counsel for the petitioner submits that the same was filed on behalf of the minor child and the same shall not be a consideration to deny the request for transfer. There is considerable force in the submission made by the counsel for the petitioner.

¶41

5 -

¶42

NC: 2025:KHC-D:9139 CP No. 100066 of 2025

¶43

HC-KAR

¶44

Accordingly, the petition is allowed. Proceedings in M.C.No.26/2023, pending before the Senior Civil Judge and JMFC, Badami, be withdrawn and transferred to the Senior Civil Judge and JMFC, Saundatti, forthwith.

¶45

Since the parties are represented through their counsels, they shall appear before the Senior Civil Judge and JMFC, Saundatti, on 28.08.2025 without any further

¶46

notice.

¶47

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

¶48

RHR/CT-ASC

¶49

List No.: 1 Sl No.: 11

Smt Nirmala W/O Mahantesh Bhagavati Lias Vaidya v. Mahantesh S/O Neelakantappa Bhagavati Alias Vaidya

Case brief

What is this about?

What did the court decide?

Smt Nirmala W/O Mahantesh Bhagavati Lias Vaidya v. Mahantesh S/O Neelakantappa Bhagavati Alias Vaidya

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Smt Shwetha W/O Aviniash Halkarni Vs Shri Avinash S/O Arun Halkarni

Smt. Bhoomika Alias Borawwa W/O Kenchanagouda Renakigoudra Vs Kenchanagouda S/O Sureshagouda Renakigoudra

Smt Shivaleela Alias Shruti W/O Veereshraddi Timmaraddi Vs Sri Veereshraddi S/O Hanamaraddi Timmaraddi

Smt. Bharati W/O. Veerabhadra Gasthi Vs Veerabhadrayya S/O. Lagamappa Gasthi

Pavitra W/O Iranna Gantimath Vs Iranna S/O Rudrayya Gantimath

Madhura Alias Rani W/O Praveen Badami Vs Praveen S/O Prakashrao Badami