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

THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CIVIL PROCEDURE CODE, 1908 PRAYING TO ALLOW THIS CIVIL PETITION BY WITHDRAWING THE M.C. NO. 14/2025 BEFORE THE I ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, VIJAYAPURA AND TRANSFER M.C. NO. 14/2025 BEFORE THE PRINCIPAL JUDGE, FAMILY COURT, BELAGAVI, 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:9140 CP No. 100074 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 by the wife seeking transfer of proceedings in M.C.No.14/2025 pending consideration on the file of I Additional Principal Judge Family Court, Vijayapura filed by the respondent-husband under Section 13 (1)(ia)(ib) of the Hindu Marriage Act.

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Marriage between the petitioner and respondent having taken place on 16.06.2024, at Vijayapur is not in dispute. It is submitted that the distance between Vijayapura where the present proceedings is pending consideration and Belagavi is about more than 213 kilometers and the petitioner would be put to hardship to travel all the way from Belagavi to Vijayapura to contest the proceedings effectively.

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It is also submitted that the petitioner – wife has also initiated proceedings before the Principal Judge, Family Court, Belagavi seeking maintenance in

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Crl.Misc.No.105/2025, which is pending consideration.

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NC: 2025:KHC-D:9140 CP No. 100074 of 2025

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HC-KAR

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Counsel for the respondent vehemently opposes the request made by the petitioner and submits that Vijayapur being the last place of residence of the petitioner and respondent, the said court would get jurisdiction.

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The marriage of the petitioner and respondent is admittedly had taken place in Vijayaur and petitioner is admittedly residing at Belagavi. Even in terms of Section 19(ii) of Hindu Marriage Act, the petition is required to be filed where the respondent resides. Further, admittedly the distance between Belagavi and Vijayapur is 213 kilometers. This Court is of the considered view that petitioner has made out a case of allowing of the petition.

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For the aforesaid reasons, the petition is allowed. Proceedings in M.C.No.14/2025 pending on the file of the I Additional Principal Judge, Family Court, Vijayapura be withdrawn and transferred to the Principal Judge, Family

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Court at Belagavi forthwith.

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