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Geeta v. Yogeshwar @ Yogesh

Transfer of case – Section 24, Code of Civil Procedure, 1908

Karnataka HC25 Apr 2025CP/200046/2024

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What is this about?

Karnataka High Court, Kalaburagi Bench (Anant Ramanath Hegde J., 25.04.2025) in CP No. 200046 of 2024 allowed the wife's transfer petition under Section 24 CPC seeking removal of the husband's dissolution case M.C.No.7/2024 from Basavakalyan to Indi, relying on her residence in Indi taluk with a 2-year-old son, the roughly 200 km distance, and her pending petition before the JMFC, Indi; appearance fixed for 06.06.2025. No precedent was cited or relied upon; no costs or monetary quantum awarded.

What did the court decide?

M.C. No.7/2024 on the file of the Senior Civil Judge, Basavakalyan ordered to be transferred to the Senior Civil Judge at Indi; parties directed to appear before the transferee Court on 06.06.2025 without awaiting any further notice. ¶38

Geeta Vs Yogeshwar @ Yogesh — Karnataka HC (2025) — LawSathi Research

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1 - NC: 2025:KHC-K:2483 CP No. 200046 of 2024

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IN THE HIGH COURT OF KARNATAKA,

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KALABURAGI BENCH

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DATED THIS THE 25^TH 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.200046 OF 2024

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BETWEEN:

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GEETA W/O YOGESHWAR @ YOGESH, AGED: 29 YEARS, OCC: HOUSEHOLD, R/O: VILLAGE BARADOL, TQ: INDI, DIST: VIJAYAPURA – 586 209.

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…PETITIONER

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(BY SMT. LAKSHMI G.E., 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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YOGESHWAR @ YOGESH S/O PANCHAKSHARI, AGE: 32 YEARS, OCC: LABOUR, R/O: GANGA COLONY, 3^RD CROSS, BASAVAKALYAN, BIDAR 585 406.

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…RESPONDENT

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(BY SRI SACHIN M. MAHAJAN, ADVOCATE)

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THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF THE CIVIL PROCEDURE CODE, PRAYING TO TRANSFER M.C.NO.07/2024, FROM SENIOR CIVIL JUDGE BASAVAKALYAN TO SENIOR CIVIL JUDGE AT INDI, FOR EARLY DISPOSAL OF THE CASE, IN THE INTEREST OF JUSTICE.

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2 - NC: 2025:KHC-K:2483 CP No. 200046 of 2024

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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 by the wife seeking transfer of the petition in M.C.No.7/2024 pending on the file of Senior Civil Judge, Basvakalyan to the Court of Senior Civil Judge at Indi.

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The petition in M.C.No.7/2024 on the file of the

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Senior Civil Judge at Basvakalyan is filed by the husband seeking dissolution of marriage.

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The petitioner claims that she is the resident of Baradol, Indi taluk. It is stated that the distance between Indi and the Basvakalyan is 200 k.m., and she further stated that she has a son aged about 2 years and she is unable to defend the petition in M.C.No.7/2024 pending before the Senior Civil Judge at Basvakalyan. It is also her contention that she has already filed petition before the

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3 - NC: 2025:KHC-K:2483 CP No. 200046 of 2024

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Judicial Magistrate First Class, Indi seeking some relief against the present respondent.

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The learned counsel appearing for the

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respondent vehemently opposed the petition on the premise that the petition filed with an intention to harass the respondent and petitioner is capable of traveling from Indi to Basvakalyan.

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This Court has considered the contentions raised at the Bar.

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Considering the materials on record particularly

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the fact that the petitioner is having a son aged about 2 years living with her in Indi taluk and also considering the distance between Basvakalyan and Indi and the fact that the petition filed by the wife is pending before Judicial Magistrate First Class at Indi and taking into consideration the settled principle of law in relation to Section 24 of the Code of Civil Procedure, 1908, this Court is of the view that the petitioner is entitled to the relief sought for.

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NC: 2025:KHC-K:2483 CP No. 200046 of 2024

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