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2025 DAILYLAW 44526 (KAR)

SMT. ARATI W/O MANJUNATH MEHARWADE v. MANJUNATH S/O SUBHASH MEHARWADE

CP/100229/2024 · 2025-04-15

E S Indiresh

body2025

Judgment text

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- 1 - NC: 2025:KHC-D:6368 CP No. 100229 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 15TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH CIVIL PETITION NO. 100229 OF 2024 BETWEEN: SMT. ARATI W/O MANJUNATH MEHARWADE AGE. 37 YEARS, OCC. HOUSEWIFE, R/O. C/O. NARAYAN PAWAR G2, AMEY RESIDENCY, MANGALAWAR PETH, TILAKWADI, BELAGAVI, DIST. BELAGAVI 590006. …PETITIONER (BY SRI. GIRISH A. YADAWAD, ADVOCATE) AND: MANJUNATH S/O SUBHASH MEHARWADE AGE. 43 YEARS, OCC. PVT. SERVICE, R/O NEAR MADDAMMA TEMPLE DODDI STREET HARIHAR, DIST. DAVANGERE 577601. …RESPONDENT (RESPONDENT SERVED AND UNREPRESENTED) THIS CIVIL PETITION IS FILED U/SEC.24 OF CPC, 1908, PRAYING TO WITHDRAW AND TRANSFER THE MC NO.76/2024 PENDING ON THE FILE OF THE FAMILY COURT, DAVANAGERE, TO THE COURT OF THE FAMILY COURT, BELAGAVI, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE E.S.INDIRESH YASHAVANT NARAYANKAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:6368 CP No. 100229 of 2024 ORAL ORDER This petition is filed by the petitioner under Section 24 of the Code of Civil Procedure, 1908 (for short “CPC’) seeking transfer of M.C.No.76/2024 pending consideration before the Family Court, Davanagere to the competent Family Court at Belagavi. 2. Heard the learned counsel appearing for the petitioner. 3. Respondent is served with notice but has remained unrepresented. 4. Having taken note of the submission made by the learned counsel for the petitioner and taking into consideration the distance between Davanagere and Belagavi is more than 240 km, I find force in the submission made by the learned counsel for the petitioner. Accordingly, the petition stands allowed. 5. That M.C.No.76/2004 pending consideration before the Family Court, Davanagere is hereby withdrawn and - 3 - NC: 2025:KHC-D:6368 CP No. 100229 of 2024 transferred to the competent Family Court at Belagavi, forthwith. 6. In view of disposal of the petition, pending interlocutory applications, if any, do not survive for consideration and are disposed of accordingly. Sd/- (E.S.INDIRESH) JUDGE YAN LIST NO.: 1 SL NO.: 18