Dr. Shilpa @ Asha and Anr. Vs Dr. Ravikumar Dandin

DR. SHILPA @ ASHA W/O DR. RAVIKUMAR DANDIN, AGE: 40 YEARS, OCC: HOUSE HOLD, R/O: J.R. NAGARA KHADRI CHOWK, KALABURAGI, TQ: & DIST: KALABURAGI – 585 102. …PETITIONER

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(BY SRI B.BHIMASHANKAR, ADVOCATE)

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AND:

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

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DR. RAVIKUMAR DANDIN S/O SANGANABASAPPA DANDIN, AGE: 47 YEARS, OCC: MEDICAL PRACTITIONER, R/O: H.NO.106, DANDIN ONI, NEAR POLICE STATION, 8^TH WARD, TAWARGERA, DIST: KOPPAL – 583 279. NOW @ C/O: LATE B. KRISHNAPPA, KARGADAMMA NILAYA, HITTARAHALLI BUDIGERE, DEVARHALLI TALUK, BENGALURU RURAL – 586 110.

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…RESPONDENT

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(BY SRI RAVI B.PATIL, ADVOCATE)

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THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF THE CODE OF CIVIL PROCEDURE 1908, PRAYING TO ALLOW THIS PETITION AND WITHDRAWN THE PETITION FILED BY THE RESPONDENT FOR DISSOLUTION OF MARRIAGE WITH THE PETITIONER IN M.C.NO.402/2023 ON THE FILE OF PRINCIPAL SENIOR CIVIL JUDGE AND J.M.F.C., AT DEVANAHALLI, AND TO TRANSFER THE SAME TO ADDITIONAL DISTRICT JUDGE

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2 - NC: 2025:KHC-K:2508 CP No. 200043 of 2024

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FAMILY COURT AT KALABURAGI TO MEET 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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This petition is filed seeking transfer of the petition in M.C.No.40/2023 pending on the file of the Principal Senior Civil Judge, Devanahalli to the Family Court at Kalaburagi on the premise that, the petitioner-wife is residing in Kalaburagi along with one of her minor daughters and she is unable to attend the Court at Devanahalli to defend the proceeding. It is also stated that, she has already filed a petition seeking maintenance before the Family Court at Kalaburagi, against her husband and the same is pending consideration.

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Learned counsel for the respondent on the other

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hand would oppose the petition on the premise that the petitioner being a Doctor in Devanahalli is unable to attend the Court at Kalaburagi and in case the respondent is made

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3 - NC: 2025:KHC-K:2508 CP No. 200043 of 2024

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to attend the Court at Kalaburagi same will cause inconvenience not only to the respondent-husband, but also to his patients.

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This Court has considered the contentions raised

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at the Bar.

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The law relating to transfer of the petitions under Section 24 of Code of Civil Procedure, 1908, in a situation where the wife seeks transfer of the matrimonial proceedings to the Court within whose jurisdiction the wife is residing is well-settled. It is also noticed that, the wife has also filed a petition before the Family Court at Kalaburagi, seeking maintenance and she is also living with her minor daughter.

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Under these circumstances, this Court is of the view that, grounds are made out to transfer the petition from the Principal Senior Civil Judge, Devanahalli to the Family Court, Kalaburagi. However, it is required to be noticed that the respondent-husband is a Doctor serving in Devanahalli and he cannot be compelled to attend the Court proceedings on each and every date of hearing. His presence would be

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4 - NC: 2025:KHC-K:2508 CP No. 200043 of 2024

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required only when the case is listed for recording his evidence. On other dates there is no need to appear before the Family Court at Kalaburagi.

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In addition, to avoid the multiple visits of the respondent-husband to Kalaburagi, the petition filed by the wife seeking maintenance shall be listed on the same day when the petition filed by the husband is to be listed, before the Family Court at Kalaburagi.

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With these observations, the following order:

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ORDER

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(i) The petition is allowed.

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(ii) M.C.No.40/2023 pending on the file of Principal Senior Civil Judge, Devanahalli, is transferred to the Family Court at Kalaburagi.

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(iii) Criminal Misc. No.217/2022 pending on the file of the Family Court, and M.C.No.40/2023 on transfer from Devanahalli to Family Court Kalaburagi, shall be listed on the same day.

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(iv) It is made clear that, the presence of the respondent-husband on each and every date

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of hearing shall not be insisted, except when his presence is required.

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(v) Since, the learned counsel for the petitioner and the learned counsel for the respondent jointly submit that, the matter may be referred to Mediation before commencing the trial; the matter be referred to Mediation to explore the possibility of settlement.

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Sd/(ANANT RAMANATH HEGDE) JUDGE

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SVH List No.: 1 Sl No.: 51

Dr. Shilpa @ Asha and Anr. v. Dr. Ravikumar Dandin

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Dr. Shilpa @ Asha and Anr. v. Dr. Ravikumar Dandin

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