Lakshmi v. Hitesh

Karnataka HC3 Apr 2025CP/200019/2025

Case brief

AI extract

What is this about?

Karnataka HC Kalaburagi Bench, CP No. 200019 of 2025 (RES), decided 03-04-2025 by Anant Ramanath Hegde, J. Section 24 CPC transfer petition: wife's convenience decisive; dissolution-of-marriage case M.C.No.25/2025 moved from Family Court Vijayapura to Senior Civil Judge Muddebihal; transfer to Kalaburagi refused (approx. 200 kms from Muddebihal; cause of action not arising within Kalaburagi jurisdiction); no maintenance order yet; parties to appear 28-04-2025.

What did the court decide?

M.C.No.25/2025 transferred from the Family Court at Vijayapura to the Court of Senior Civil Judge at Muddebihal; parties directed to appear before the transferee court on 28.04.2025 without any further notice. ¶order-(ii)

Lakshmi Vs Hitesh — Karnataka HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶order-(ii)

Issue for consideration

Whether M.C.No.25/2025 (the husband's petition for dissolution of marriage) pending before the Family Court at Vijayapura should be transferred to the Court of Senior Civil Judge at Muddebihal, having regard to the convenience of the wife under Section 24 of the Code of Civil Procedure.

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Court's answer

The convenience of the wife has to be taken into account while considering an application under Section 24 of the Code of Civil Procedure.

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Ratio / Principle

Since the petitioner is admittedly a resident of Muddebihal, the transfer petition deserves to be allowed.

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Key takeaways

The case cannot be transferred to Kalaburagi: it would be inconvenient (about 200 kms from Muddebihal against 80 kms from Vijayapura to Muddebihal), and the cause of action has not arisen within the territorial jurisdiction of Kalaburagi.ratio¶10

Detailed headnote1 paragraphs

Transfer under Section 24 CPC — Convenience of the wife is the governing consideration. In a transfer petition under Section 24(1)(a) CPC, the wife (resident of Muddebihal, 80 kms from Vijayapura) sought transfer of her husband's marriage-dissolution petition M.C.No.25/2025 from the Family Court, Vijayapura to the Senior Civil Judge, Muddebihal. The respondent suggested Kalaburagi, but the Court declined: Kalaburagi is about 200 kms from Muddebihal (and about 165 kms from Vijayapura), and the cause of action had not arisen within Kalaburagi's territorial jurisdiction. Taking the wife's convenience into account, the petition was allowed and M.C.No.25/2025 was transferred to the Court of Senior Civil Judge at Muddebihal, with parties to appear on 28.04.2025 without further notice. (High Court of Karnataka, Kalaburagi Bench; Anant Ramanath Hegde, J.; 03.04.2025.)

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1 - NC: 2025:KHC-K:2147 CP No. 200019 of 2025

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IN THE HIGH COURT OF KARNATAKA,

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KALABURAGI BENCH

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DATED THIS THE 3^RD DAY OF APRIL, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE

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CIVIL PETITION NO. 200019 OF 2025 (RES)

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BETWEEN:

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LAKSHMI W/O HITESH DODAMANI (LAKSHMI D/O RUDRAPPA KATTIMANI) W/O HITESH DODAMANI, AGED ABOUT 25 YEARS, OCC: HOUSEHOLD, R/O: NIDAGUNDI, TQ: NIDAGUNDI, DIST: VIJAYAPURA NOW AT C/O: RUDRAPPA KATTIMANI, NEAR MUTTON MARKET, NETAJI NAGAR MUDDEBIHAL, TQ: MUDDEBIHAL, DIST: VIJAYAPURA – 586 212.

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…PETITIONER

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Digitally signed by BASALINGAPPA SHIVARAJ DHUTTARGAON Location: HIGH COURT OF KARNATAKA

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(BY SRI SWATI M.N., AND SRI RAVI BEEMSINGH CHAVAN, ADVOCATES)

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AND:

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HITESH S/O HANAMANTH DODAMANI AGED ABOUT 30 YEARS, OCC: BANK EMPLOYEE, R/O: PLOT NO. 76, ASHRAM ROAD, AKKI COLONY VIJAYAPUR, TQ: AND DIST: VIJAYAPUR – 586 101.

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…RESPONDENT

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(BY SRI SHIVANAND V.PATTANASHETTI, ADVOCATE)

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2 - NC: 2025:KHC-K:2147 CP No. 200019 of 2025

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THIS CIVIL PETITION IS FILED UNDER SECTION 24 (1) (A) OF THE CODE OF CIVIL PROCEDURE, PRAYING TO TRANSFER THE M.C.NO.25/2025 PENDING ON THE FILE HON’BLE JUDGE FAMILY COURT AT VIJAYAPURA TO COURT OF SENIOR CIVIL JUDGE AND J.M.F.C., AT MUDDEBIHAL, FOR BETTER ADJUDICATION AND TO REACH THE ENDS OF JUSTICE.

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

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CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE

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ORAL ORDER

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(PER: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE)

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Heard learned counsel appearing for the petitioner and the learned counsel appearing for the respondent.

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This petition is filed invoking Section 24 of the Code of Civil Procedure and the petitioner prays that the petition in M.C.No.25/2025 filed by her husband seeking dissolution of marriage be transferred from the Family Court at Vijayapura to the Court of Senior Civil Judge in Muddebihal.

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Learned counsel for the petitioner submits that the petitioner is a housewife and she is a resident of Muddebihal and her husband is resident of Vijayapura and Muddebihal is at a

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3 - NC: 2025:KHC-K:2147 CP No. 200019 of 2025

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distance of 80 kms from Vijayapura and she is not in a position to travel to contest the petition seeking dissolution of marriage.

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It is also the submission of the learned counsel for the petitioner that no arrangement is made towards maintenance of the present petitioner and in this context, it is submitted that the petition in M.C.No.25/2025 on the file of the Family Court, Vijayapura be transferred to the Senior Civil Judge in Muddebihal.

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Learned counsel appearing for the

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respondent/husband on the other hand would submit that the petition be transferred to the Family Court at Kalaburagi and it will be convenient for both the petitioner and the respondent.

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It is submitted that the distance between Kalaburagi and Muddebihal is 200 kms.

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Learned counsel for the respondent on a specific question put by the Court also submits that so far there is no order for maintenance.

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Learned counsel for the petitioner on the other hand would submit that Kalaburagi is not a convenient place for the

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4 - NC: 2025:KHC-K:2147 CP No. 200019 of 2025

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petitioner as distance between Kalaburagi and Muddebihal is around 200 kms.

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This Court has considered the contentions made at the

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bar and perused the records.

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There is no dispute that petition seeking dissolution of marriage is pending consideration in M.C.No.25/2025 on the file of the Family Court at Vijayapura. There is no dispute that Vijayapura is at a distance of 80 kms from Muddebihal. It is again noticed that distance between Muddebihal and Kalaburagi is around 200 kms and distance between Kalaburagi and Vijayapura is around 165 kms. Under the circumstances, this Court cannot pass an order to transfer the petition to the Court at Kalaburagi. Moreover, the cause of action has not arisen within the territorial jurisdiction of Kalaburagi.

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Learned counsel for the respondent would submit that in case the matter cannot be transferred to Kalaburagi, the matter be heard and decided in Vijayapura itself.

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5 - NC: 2025:KHC-K:2147 CP No. 200019 of 2025

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12. The law in this regard is well settled. The convenience

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of the wife has to be taken into account while considering the application under Section 24 of the Code of Civil Procedure. Since, the petitioner is admittedly a resident of Muddebihal, this Court is of the view that the petition has to be allowed.

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13. Hence the following:

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ORDER

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