Allowed¶33

Smt. Pooja W/O Vinay Patil v. Shri. Vinay S/O Rajkumar Patil

Transfer of matrimonial proceeding – Section 24 CPC

Karnataka HC25 Jul 2025CP/100093/2025

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Case brief

AI extract

What is this about?

High Court of Karnataka, Dharwad Bench; CP No.100093 of 2025 (NC: 2025:KHC-D:9178); order dated 25.07.2025 by M.G.S. Kamal, J. Wife's transfer petition under Section 24 CPC allowed: matrimonial case M.C.No.74/2025 (dissolution of marriage initiated by husband) transferred from Kalaburagi to Dharwad on ground of wife's inconvenience - approx. 380 km travel distance; marriage dated 25.04.2021 at Kalaburagi; venue discussed vis-a-vis Section 19 Hindu Marriage Act; appearance fixed on 21.08.2025 without notice.

What did the court decide?

Transfer of M.C.No.74/2025 from the file of the Principal Judge Family Court, Kalaburagi to the Principal Family Court at Dharwad; parties directed to appear before the Family Court on 21.08.2025 without further notice. ¶33

Smt. Pooja W/O Vinay Patil Vs Shri. Vinay S/O… — Matrimonial and Divorce | Karnataka HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether M.C.No.74/2025 pending before the Principal Judge Family Court, Kalaburagi should be transferred to the Principal Family Court, Dharwad, given the approximately 380 km distance and the hardship to the petitioner-wife who resides at Dharwad. +1 more

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Court's answer

With the marriage admittedly at Kalaburagi, the petitioner admittedly residing at Dharwad, and the admitted 380 km distance between Kalaburagi and Dharwad, the petitioner has made out a case for allowing the transfer petition.

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Ratio / Principle

As per this Court, in terms of Section 19 of the Hindu Marriage Act, the petition for divorce is required to be filed where the respondent resides.

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Key takeaways

The petition is allowed and M.C.No.74/2025 pending on the file of the Principal Judge Family Court, Kalaburagi is directed to be transferred to the Principal Family Court at Dharwad.ratio¶34
Since the parties are represented through their counsels, they shall appear before the (transferee) Family Court on 21.08.2025 without any further notice.ratio¶39

Detailed headnote1 paragraphs

Transfer of matrimonial proceeding - Section 24 CPC - wife's petition to transfer M.C.No.74/2025 (husband's suit for dissolution of marriage) from Principal Judge Family Court, Kalaburagi to Principal Family Court, Dharwad allowed. Marriage solemnised at Kalaburagi on 25.04.2021 (not in dispute); petitioner-wife admittedly residing at Dharwad; distance between Kalaburagi and Dharwad about 380 km, causing hardship to the wife to contest proceedings effectively. Court observed that even in terms of Section 19 of the Hindu Marriage Act, the petition for divorce is required to be filed where the respondent resides, and held the petitioner had made out a case. Parties, being represented through counsel, directed to appear before the transferee Family Court on 21.08.2025 without further notice. (M.G.S. Kamal, J.)

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NC: 2025:KHC-D:9178 CP No. 100093 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 25^TH 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.100093 OF 2025

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BETWEEN:

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SMT. POOJA W/O. VINAY PATIL, (BEFORE MARRIAGE POOJA D/O. SHANKAR @ SHIVASHANKAR KUDLANNAVAR), AGE: 29 YEARS, OCC: SOFTWARE ENGINEER, R/O: C/O: SHANKAR KUDLANNAVAR, MARATHA COLONY, 8^TH CROSS, DHARWAD DIST: DHARWAD – 580 001.

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…PETITIONER

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(BY SRI. PRASHANT S. KADADEVAR, 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. VINAY S/O. RAJKUMAR PATIL, AGE: 34 YEARS, OCC: SOFTWARE ENGINEER, R/O: H.NO.2-910-60/68/169, SEDAM ROAD, NEAR SOUBHAGYA KALYAN MANTAP, NGO COLONY KALBURGI, DIST: KALBURGI – 585 101, REPRESENTED THROUGH HIS SPECIAL POWER ATTORNEY, SHARANABASAPPA S/O. GURUSHANTAPPA PATIL, AGE: 45 YEARS, OCC: AGRICULTURE, R/O: H.NO.53/1143, KRISHNA NAGAR, BEHIND MAM HOSTEL, KALBURGI, DIST: KALBURGI – 585 101.

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…RESPONDENT

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(BY SRI. S.B.DODDAGOUDAR, ADVOCATE)

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THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CODE CIVIL PROCEDURE CODE, 1908 PRAYING TO TRANSFER MC NO.74/2025 PENDING ON THE FILE OF PRL. JUDGE FAMILY COURT, KALABURAGI TO PRL. FAMILY COURT DHARWAD, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.,

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NC: 2025:KHC-D:9178 CP No. 100093 of 2025

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HC-KAR

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

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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.74/2025 initiated by the respondent-husband seeking dissolution of their marriage pending consideration on the file of the Principal Judge Family Court, Kalaburagi.

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Marriage between the petitioner and respondent having taken place on 25.04.2021, at Kalaburagi 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 Kalaburagi where the present proceedings is pending consideration and Dharwad is about more than 380 kilometers and the petitioner would be put to hardship to travel all the way from Dharwad to Kalaburagi to contest the proceedings effectively.

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3 - NC: 2025:KHC-D:9178 CP No. 100093 of 2025

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HC-KAR

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Counsel for the respondent vehemently opposes

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the request made by the petitioner and submits that Kalaburagi being the last place of residence of the petitioner and respondent, the said Court would get jurisdiction as the marriage was conducted at Kalaburagi.

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The marriage of the petitioner and respondent is admittedly had taken place in Kalaburagi 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 Kalaburagi and Dharwad is 380 kilometers. This Court is of the considered view that petitioner has made out a case of allowing of the petition.

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