Sayeda Bibi Sarah Mannan W/O Syed Humaid Pasha v. Sayed Humaid Pasha S/O Sayed Javed Pasha

Karnataka HC22 Jan 2025CP/100128/2024

Case brief

AI extract

What is this about?

Keywords: transfer of matrimonial proceedings; S.24 CPC; convenience of wife-petitioner; hardship due to distance (over 500 kms); S.125 Cr.P.C. maintenance case; Crl.Misc.No.196/2024; O.S.No.164/2024; Order VII Rule 1 and 2 CPC r/w S.26 CPC and 281 of Mohammedan Law; Family Court Bengaluru to Belagavi; High Court of Karnataka, Dharwad Bench; CP No. 100128 of 2024; Justice E.S.Indiresh; decided 22-01-2025.

What did the court decide?

Transfer of O.S.No.164/2024 pending before the Principal Judge, Family Court, Bengaluru to the competent Family Court at Belagavi, forthwith, on the ground of hardship to the petitioner-wife who has a pending Section 125 Cr.P.C. maintenance case at Belagavi. ¶¶28

Sayeda Bibi Sarah Mannan W/O Syed Humaid Pasha Vs… — Maintenance and Alimony | Karnataka HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the matrimonial case O.S.No.164/2024, filed by the respondent-husband and pending on the file of the Principal Judge, Family Court, Bengaluru, ought to be transferred to the competent Family Court at Belagavi, in view of the petitioner-wife's pending maintenance proceeding at Belagavi and the hardship of attending proceedings over 500 kms away.

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Court's answer

Taking into account that the petitioner-wife's maintenance case (Crl.Misc.No.196/2024 under Section 125 Cr.P.C.) was pending before the Family Court at Belagavi, that the respondent's O.S.No.164/2024 at Bengaluru was nearly more than 500 kms away, and the resulting hardship and difficulty in attending proceedings regularly, the Court found force in the petitioner's submission and allowed the transfer petition.

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Ratio / Principle

O.S.No.164/2024 pending on the file of the Principal Judge, Family Court, Bengaluru was ordered to be withdrawn and transferred to the competent Family Court at Belagavi forthwith.

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Detailed headnote1 paragraphs

Civil Petition under S.24 CPC (High Court of Karnataka, Dharwad Bench, E.S.Indiresh, J., decided 22 January 2025): Allowed. The petitioner-wife sought transfer of O.S.No.164/2024, a matrimonial case instituted by the respondent-husband under Order VII Rule 1 and 2 and Section 26 of CPC r/w 281 of Mohammedan Law pending before the Principal Judge, Family Court, Bengaluru, to the Family Court at Belagavi. The Court noted that the petitioner's own Crl.Misc.No.196/2024 seeking maintenance under Section 125 of Cr.P.C. was pending before the Family Court at Belagavi, that the Bengaluru court was nearly more than 500 kms away from Belagavi, and that it was difficult for her to attend the Bengaluru proceedings regularly. Finding force in the petitioner's counsel's submission on the hardship caused, the Court withdrew O.S.No.164/2024 from the file of the Principal Judge, Family Court, Bengaluru and transferred it to the competent Family Court at Belagavi forthwith.

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1 - NC: 2025:KHC-D:1164 CP No. 100128 of 2024

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IN THE HIGH COURT OF KARNATAKA,

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DHARWAD BENCH

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DATED THIS THE 22^ND DAY OF JANUARY, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE E.S.INDIRESH CIVIL PETITION NO. 100128 OF 2024 (-)

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BETWEEN:

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SAYEDA BIBI SARAH MANNAN W/O. SYED HUMAID PASHA, AGE. 30 YEARS, OCC. HOUSE HOLD WORK, C/O. SYED AHMED ABDUL MANAN, PLOT NO. 24/25 APMC MAIN ROAD, AZAM NAGAR, BELAGAVI - 590010.

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…PETITIONER

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(BY SRI. SHARAD MALGOUND PATIL, ADVOCATE)

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AND:

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MANJANNA E

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Digitally signed by MANJANNA E Date: 2025.01.24 12:59:56 +0530

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SAYED HUMAID PASHA S/O. SAYED JAVED PASHA, AGE. 33 YEARS, OCC. PRIVATE SERVICE, R/O. #126, MALA PRABHA NATIONAL GAMES VILLAGE, BEHIND PASSPORT OFFICE, KORAMANGAKLA, BANGALURU SOUTH BANGALURU – 560095.

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…RESPONDENT

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(BY SRI. SUDHINDRA BHAT, ADVOCATE)

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THIS CIVIL PETITION IS FILED U/SEC.24 OF CPC, PRAYING TO TRANSFER THE MATRIMONIAL CASE BEARING O.S.NO.164/2024 UNDER ORDER VII RULE 1 AND 2 AND SECTION 26 OF CPC R/W 281 OF MOHAMMEDAN LAW ON THE FILE OF PRINCIPAL JUDGE, FAMILY COURT, BENGALURU, TO FAMILY COURT BELAGAVI, IN THE INTEREST OF MEETING THE ENDS OF JUSTICE.

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THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:

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NC: 2025:KHC-D:1164 CP No. 100128 of 2024

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CORAM: THE HON'BLE MR. JUSTICE E.S.INDIRESH

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ORAL ORDER

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Heard the learned counsel appearing for the parties.

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This petition is filed by the petitioner-wife seeking transfer of O.S.No.164/2024 from the Court of Principal Judge, Family Court, Bengaluru to the competent Family Court, Belagavi.

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Having taken note of the submission made by the learned counsel for the parties, as the petitioner-wife has filed Crl.Misc.No.196/2024, which is pending consideration before the Family Court at Belagavi seeking maintenance under Section 125 of Cr.P.C., against the respondent-husband and further taking into consideration that as the respondent herein has filed O.S.No.164/2024 at Family Court at Bengaluru, which is nearly more than 500 kms away from Belagavi, and as such, it is difficult for the petitioner to attend the proceedings at Bengaluru regularly. In that view of the matter, taking into consideration the hardship that may be caused to the petitioner I find force in the submission made by the learned counsel for the petitioner. Accordingly, the above petition is allowed.

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3 - NC: 2025:KHC-D:1164 CP No. 100128 of 2024

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That the O.S.No.164/2024 pending consideration on

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the file of Principal Judge, Family Court, Bengaluru is withdrawn and transferred to the competent Family Court at Belagavi,

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forthwith.

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Sd/(E.S.INDIRESH) JUDGE

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YAN CT:ANB List No.: 1 Sl No.: 28

Sayeda Bibi Sarah Mannan W/O Syed Humaid Pasha v. Sayed Humaid Pasha S/O Sayed Javed Pasha

Case brief

What is this about?

What did the court decide?

Sayeda Bibi Sarah Mannan W/O Syed Humaid Pasha v. Sayed Humaid Pasha S/O Sayed Javed Pasha

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

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