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2025 DAILYLAW 48089 (KAR)

SMT LAXMI W/O IRANNA CHOUDANNAVAR, v. SRI IRANNA S/O. MAHADEVAPPA CHOUDANNAVAR,

CP/100145/2025 · 2025-08-05

G Basavaraja

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:9789 CP No. 100145 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 5TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CIVIL PETITION NO. 100145 OF 2025 BETWEEN: SMT. LAXMI W/O. IRANNA CHOUDANNAVAR, AGE. 24 YEARS, OCC. HOUSEWIFE, R/O. DODAWAD, TQ. BAILHONGAL, NOW R/AT. C/O. RUDRAPPA RAMAPPA KILLEDAR KELAGERI, TQ. AND DIST. DHARWAD-580008. …PETITIONER (BY SRI. P.G. CHIKKANARAGUND, ADVOCATE) AND: SRI IRANNA S/O. MAHADEVAPPA CHOUDANNAVAR, AGE. 31 YEARS, OCC. AGRICULTURE, R/O. DODAWAD, TQ. BAILHONGAL, DIST. BELAGAVI-591104 …RESPONDENT (NOTICE TO RESPONDENT SERVED) THIS CIVIL PETITION FILED U/SEC.24 OF CPC, PRAYING TO TRANSFER THE CASE BEARING MC NO.44/2025 PENDING CONSIDERATION BEFORE THE LEARNED SENIOR CIVIL JUDGE, BAILHONGAL TO FAMILY COURT, DHARWAD, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.08.16 10:23:12 +0530 - 2 - HC-KAR NC: 2025:KHC-D:9789 CP No. 100145 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE G BASAVARAJA) Heard learned counsel for the petitioner. 2. Petitioner/wife has filed this petition under Section 24 of the CPC seeking to transfer M.C.No.44/2025, which is pending before the Senior Civil Judge, Bailhongal to the Court of Family Judge, Dharwad. 3. In the petition, petitioner has urged the grounds for transfer of the case as under : “1. The respondent husband filed the petition before the learned Senior Civil Judge, Bailhongal only in order to harass the petitioner, since the petitioner has no source of income to travel from Dharwad to Bailhongal. 2. The life of the petitioner is in danger at the hands of the respondent and their family members at Bailhongal, hence the petitioner cannot attend the court alone on all the dates of hearing at Bailhongal. 3. The respondent is having monthly income of more than Rs.20,000/-p.m. from his agriculture, and is capable to attend the court at Dharwad on all the dates of hearing if the matter is transferred to Dharwad. - 3 - HC-KAR NC: 2025:KHC-D:9789 CP No. 100145 of 2025 4. The petitioner humbly submitted that there are no male members in her family except her father, Hence the petitioner cannot attend the court at Bailhongal alone. Hence the petitioner humbly pray to this Hon'ble Court to transfer the case MC.No.44/2025 pending consideration before the learned Senior Civil Judge, Bailhongal to Family Court, Dharwad.” 4. Along with this petition, petitioner has produced the copy of order sheet pertains to M.C.No.44/2025 and the copy of petition filed under Section 13(1)(ia)(ib) of the Hindu Marriage Act and copy of petition filed under Section 125 of Cr.P.C. filed by wife. 5. Despite service of notice, sole respondent/husband remained absent and unrepresented. There are no materials to discard the grounds urged by the petitioner, hence, I proceed to pass the following : ORDER (i) Petition filed under Section 24 of the CPC is allowed. (ii) The M.C.No.44/2025 on the file of Senior Civil Judge, Bailhongal shall be transferred - 4 - HC-KAR NC: 2025:KHC-D:9789 CP No. 100145 of 2025 to the Court of Family Court, Dharwad for disposal in accordance with law. (iii) Registry is directed to send a copy of this order to the respondent by RPAD. (iv) Registry is also directed to send copy of this order to both Courts mentioned above, for taking necessary action. Sd/- (G BASAVARAJA) JUDGE CKK CT-CMU LIST NO.: 1 SL NO.: 60