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2025 DAILYLAW 3582 (KAR)

SMT. VIJAYALAXMI W/O BASAVARAJ SARADAR v. SRI. BASAVARAJ S/O BABU SARADAR

CP/100040/2025 · 2025-04-03

E S Indiresh

body2025

Judgment text

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- 1 - NC: 2025:KHC-D:5963 CP No. 100040 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 3RD DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH CIVIL PETITION NO. 100040 OF 2025 (-) BETWEEN: SMT. VIJAYALAXMI W/O. BASAVARAJ SARADAR, AGE: 41 YEARS, OCC: HOUSEWIFE, R/O. C/O. BASAVANNI G. BHAGOJI, MIG-415, KHB COLONY, BASAVAN KUDACHI, BELAGAVI, TQ: & DIST: BELAGAVI-591124. …PETITIONER (BY SRI. SACHCHIDANAND BABAJI PATIL, ADVOCATE) AND: SRI. BASAVARAJ S/O. BABU SARADAR, AGE: 43 YEARS, OCC: MEDICAL PRACTITIONER, R/O. BAGAWAN GALLI, M.K. HUBLI, TQ: KITTUR, DIST: BELAGAVI-591118. …RESPONDENT (BY SRI. K.H. BAGI, ADVOCATE) THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CPC, PRAYING TO ALLOW THE PRESENT PETITION BY TRANSFERRING THE PETITION FILED BY THE RESPONDENT IN M.C.NO.83/2024 FILED UNDER SECTION 9 OF HINDU MARRIAGE ACT, 1955 BY THE RESPONDENT/HUSBAND PENDING ON THE FILE OF THE SENIOR CIVIL JUDGE BAILHONGAL TO PRINCIPAL FAMILY COURT, BELAGAVI IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE E.S.INDIRESH ASHPAK KASHIMSA MALAGALADINNI Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:5963 CP No. 100040 of 2025 ORAL ORDER Heard the learned counsel appearing for the parties. 2. This petition is filed by the petitioner (wife) under Section 24 of CPC, seeking transfer of MC No.83 of 2024, pending consideration before the Senior Civil Judge at Bailhongal to Competent Family Court at Belagavi. 3. Taking into consideration the arguments advanced by the learned counsel appearing for the petitioner as the petitioner is having two minor children and the more hardship will be caused to the petitioner herein. Hence, petition is allowed. MC No.83 of 2024 pending consideration before the Senior Civil Judge, Bailhongal is hereby withdrawn and transferred to Competent Family Court at Belagavi, forthwith. Sd/- (E.S.INDIRESH) JUDGE SB CT-MCK List No.: 1 Sl No.: 25