Smt. Anusha W/O. Nitin Dani, v. Shri. Nitin S/O. Narayan Dani

Karnataka HC9 Oct 2025CP/100160/2025

Case brief

AI extract

What is this about?

Section 24 CPC transfer of matrimonial case; restitution of conjugal rights M.C.No.311/2025 Hubballi Family Court transferred to Gadag Family Court; wife's convenience; two minor daughters aged 2 and 5; concurrent Section 125 Cr.P.C. maintenance case Crl.Misc.No.132/2025; notice unclaimed; unopposed transfer; appearance date 12.11.2025; Justice C M Joshi; Karnataka High Court Dharwad.

What did the court decide?

M.C.No.311/2025 transferred from Principal Family Court, Hubballi to Principal Judge, Family Court, Gadag; both parties directed to appear before the Family Court at Gadag on 12.11.2025; both courts to be intimated accordingly, by email also. ¶¶33

Smt. Anusha W/O. Nitin Dani, Vs Shri. Nitin S/O… — Maintenance and Alimony | Karnataka HC (2025)

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NC: 2025:KHC-D:13661 CP No. 100160 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA,AT DHARWAD

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DATED THIS THE 9^TH DAY OF OCTOBER, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE C M JOSHI

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CIVIL PETITION NO. 100160 OF 2025

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BETWEEN:

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SMT. ANUSHA W/O. NITIN DANI, AGE: 27 YEARS, OCC. HOUSEHOLD, R/O. C/O. PRABHAKAR MEHARWADE, R.S. NO.73B, PLOT NO.19, KADADI LAYOUT, NEAR PAVAD ANJANEYA TEMPLE, NEW BUS STAND, SAMBHAPUR ROAD, GADAG-582101.

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…PETITIONER (BY SRI. MRUTHUNJAYA BASAVARAJ KANAVI, ADVOCATE)

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AND:

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SHRI NITIN S/O. NARAYAN DANI, AGE: 32 YEARS, OCC. BUSINESS, R/O. PLOT NO.69, BEHIND ASHOK ENGINEERING WORKS, KARWAR ROAD, SRINAGAR, HUBBALLI-580020.

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Digitally signed by YASHAVANT YASHAVANT NARAYANKAR NARAYANKAR Date: 2025.10.13 10:16:30 +0530

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…RESPONDENT THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CPC, PRAYING TO ALLOW THIS CIVIL PETITION BY TRANSFERRING THE CASE M.C.NO.311/2025, ON THE FILE OF PRINCIPAL FAMILY COURT, HUBBALLI TO PRINCIPAL JUDGE FAMILY COURT AT GADAG WHEREIN CRL.MISC.NO.132/2025 IS PENDING IN THE INTEREST OF JUSTICE AND EQUITY.

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

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NC: 2025:KHC-D:13661 CP No. 100160 of 2025

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HC-KAR

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ORAL ORDER

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(PER: THE HON'BLE MR. JUSTICE C M JOSHI)

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Heard the learned counsel appearing for the petitioner.

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This petition is filed under Section 24 of Civil Procedure Code seeking transfer of M.C.No.311/2025 pending before the learned Principal Family Court at Hubballi to the learned Principal Judge, Family Court at Gadag wherein Crl.Misc.No.132/2025 filed by the petitioner is pending.

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The petitioner is the wife of the respondent. Due to differences between them, the petitioner has filed a petition under Section 125 of Cr.P.C. before the Family Court, Gadag. The respondent/husband has filed M.C.No.311/2025 seeking a decree of restitution of conjugal rights before the Family Court at Hubballi.

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Now, the petitioner contends that since she has two

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daughters aged 2 years and 5 years to look after, she is finding inconvenience in attending the proceedings at Hubballi in M.C.No.211/2025. The said contention of the petitioner is not

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NC: 2025:KHC-D:13661 CP No. 100160 of 2025

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HC-KAR

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resisted by the respondent and the notice was sent to him was unclaimed by him.

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In these circumstances, this Court finds that the M.C.No.132/2025 is to be transferred to the Principal Judge, Family Court, Gadag, which is already considering the application filed under Section 125 of Cr.P.C. in Crl.Misc.No.132/2025. In that view of the matter, the petition succeeds and hence, the following:

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ORDER

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i) M.C.No.311/2025 pending before the Principal Family Court, Hubballi is hereby transferred to Principal Judge, Family Court, Gadag wherein Crl.Misc.No.132/2025 is pending for disposal in accordance with law.

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ii) The parties are directed to appear before the Family Court at Gadag on 12.11.2025.

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iii) Intimate both the Courts accordingly, by email also.

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SD/(C M JOSHI) JUDGE

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SSP CT:PA LIST NO.: 1 SL NO.: 13

Smt. Anusha W/O. Nitin Dani, v. Shri. Nitin S/O. Narayan Dani

Case brief

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Smt. Anusha W/O. Nitin Dani, v. Shri. Nitin S/O. Narayan Dani

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