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Mrs. Fida Kousar Attar, v. Mr. Nooruddin Mohaumed Akbar

Karnataka HC4 Jul 2025CP/55/2025

Case brief

AI extract

What is this about?

Karnataka High Court (C.M. Poonacha, J.) CP No. 55 of 2025, decided 04.07.2025 — transfer of matrimonial suit under Section 24 CPC; wife's convenience given precedence per N.C.V. Aishwarya v. A.S. Saravana Karthik Sha (AIR ONLINE 2022 SC 1268); O.S. No.77/2024 transferred from Family Court Mysuru to Family Court Gadag; related DV Act proceeding Crl.Misc.No.38/2024 at Gadag; petition allowed.

What did the court decide?

Transfer of O.S. No.77/2024 from the Principal Judge, Family Court, Mysuru to the Family Court, Gadag; petitioner directed to appear before the transferee Court on 20.08.2025 without further notice; all contentions of the parties left open. ¶45

Mrs. Fida Kousar Attar, Vs Mr. Nooruddin Mohaumed Akbar — Domestic Violence | Karnataka HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether O.S. No.77/2024 (dissolution of marriage) pending before the Principal Judge, Family Court, Mysuru should be transferred to the Family Court, Gadag on account of the hardship and inconvenience to the wife-petitioner, who resides about 500 kms away, is pursuing her education and depends on her parents for livelihood.

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Court's answer

While considering cases for transfer of matrimonial proceedings, the convenience of the wife is to be given precedence; applying the Supreme Court's decision in N.C.V. Aishwarya v. A.S. Saravana Karthik Sha, and having regard to the wife pursuing education, staying with and depending on her parents, the husband being gainfully employed with independent income, and the husband in any event having to travel to Gadag for Crl.Misc.No.38/2024, the transfer sought is just and proper.

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Ratio / Principle

O.S.No.77/2024 pending before the Principal Judge, Family Court, Mysuru stands transferred to the Court of the Family Court, Gadag; the petitioner shall appear before the transferee Court on 20.08.2025 without any further notice, and the transferee Court shall conduct further proceedings in accordance with law.

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Detailed headnote1 paragraphs

Transfer Petition under S.24 CPC — Wife-petitioner sought transfer of matrimonial suit O.S. No.77/2024 (dissolution of marriage) from the Principal Judge, Family Court, Mysuru to the Family Court, Gadag. Held: wife is pursuing her education, resides with her parents about 500 kms from Mysuru and is dependent on them for livelihood, while the husband is gainfully employed with independent income and must in any event travel to Gadag to contest the wife's Crl.Misc.No.38/2024 under the DV Act. Following the Supreme Court in N.C.V. Aishwarya v. A.S. Saravana Karthik Sha (AIR ONLINE 2022 SC 1268) that the convenience of the wife is to be given precedence in transfer of matrimonial proceedings, the petition was allowed and the suit transferred to the Family Court, Gadag, with the petitioner to appear before the transferee Court on 20.08.2025 without further notice; all contentions left open.

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NC: 2025:KHC:24234 CP No. 55 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 4^TH DAY OF JULY, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE C.M. POONACHA

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CIVIL PETITION No. 55 OF 2025

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BETWEEN:

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MRS. FIDA KOUSAR ATTAR, W/O NOORUDDIN MOHAUMED AKBR, AGED ABOUT 27 YEARS, R/AT No. EWS, 218, 2^ND CROSS, HUDCO COLONY, GADAG, KARNATAKA-582103

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…PETITIONER

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(BY SRI JANANI K. H., ADVOCATE)

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AND:

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Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA

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MR. NOORUDDIN MOHAUMED AKBAR, S/O MOINUDDIN AHMED RANGKUTTY, AGED ABOUT 33 YEARS, R/AT No.96, 4^TH CROSS, SUBHASH NAGAR, MYSURU, KARNATAKA- 570007.

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(RESPONDENT SERVED AND UNREPRESENTED)

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…RESPONDENT

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THIS CP IS FILED UNDER SECTION 24 OF CPC 1908, PRAYING TO ALLOW THE ABOVE CIVIL PETITION TO TRANSFER THE PROCEEDINGS IN OS.No.77/2024 BEFORE THE HON'BLE FAMILY COURT JUDGE AT MYSORE TO THE HON'BLE FAMILY COURT JUDGE, GADAG, IN THE INTEREST OF JUSTICE AND EQUITY.

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NC: 2025:KHC:24234 CP No. 55 of 2025

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HC-KAR

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

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CORAM: HON'BLE MR. JUSTICE C.M. POONACHA

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ORAL ORDER

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The present petition is filed by the wife under Section 24 of the Code of Civil Procedure, 1908¹ seeking for transfer of O.S. No.77/2024 pending on the file of the Principal Judge, Family Court, Mysuru to the Court of the Principal Judge, Family Court, Gadag.

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Heard Smt. Janani K.H., learned counsel for the petitioner. Respondent is served and unrepresented.

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It is forthcoming that the marriage between the parties was solemnized on 04.05.2015 and a son was born to the parties from their wedlock on 07.09.2016. That the parties were living together for some time. However, due to various reasons, the parties have been living separately.

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The respondent-husband has filed O.S. No.77/2024 for dissolution of marriage which is pending before the Principal Judge, Family Court, Mysuru. The wife has filed

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1 Hereinafter referred to as ‘CPC’ for short

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NC: 2025:KHC:24234 CP No. 55 of 2025

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HC-KAR

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Crl.Misc.No.38/2024 under the provisions of the Protection of Women from Domestic Violence Act, 2005² which is pending before the II Additional Civil Judge and JMFC II, Gadag. Seeking for transfer of O.S. No.77/2024, the present petition is filed.

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Learned counsel for the petitioner submits that the petitioner-wife is currently pursuing her education and staying along with her parents at the address mentioned in the causetitle and is depending on her parents for her livelihood. That the respondent-husband is gainfully employed and having an independent source of income. That the distance between the place of residence of the wife and Mysuru is about 500 kms. It is contended that the wife will be put to great hardship if she is required to travel to Mysuru for the purpose of contesting the proceedings initiated by the husband. Hence, she seeks for allowing the present petition.

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Having regard to the fact that the wife is stated to be pursuing her education and is staying along with her parents and is fully dependant on them for her livelihood, that the husband is gainfully employed and having independent

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2 Hereinafter referred to as ‘DV Act’ for short

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NC: 2025:KHC:24234 CP No. 55 of 2025

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HC-KAR

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source of income, as also fact that the husband in any event travel to Gadag for the purpose of contesting Crl.Misc.No.38/2024, keeping in mind the settled proposition of law as held by the Hon’ble Supreme Court in the case of

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N.C.V. AISHWARYA VS A.S.SARAVANA KARTHIK SHA³

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that while considering cases for transfer of matrimonial proceedings, the convenience of wife will have to be given precedence to, it is just and proper that the relief sought in the present petition be granted.

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