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2025 DAILYLAW 52087 (KAR)

SMT LAXMI SHARANABASAPPA SAJJAN v. SHARANABASAPPA SHIVASHANKRAPPA SAJJAN

CP/100131/2025 · 2025-08-19

G Basavaraja

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:10443 CP No. 100131 of 2025 IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 19TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CIVIL PETITION NO. 100131 OF 2025 BETWEEN: SMT. LAXMI SHARANABASAPPA SAJJAN AGE: 25 YEARS, OCC: HOUSEHOLD R/AT. MUTTAGI TQ. BASAVANA BAGEWADI NOW R/O. BEVOOR, TQ. AND DIST. BAGALKOT 587101. …PETITIONER (BY SRI SIDDAPPA SAJJAN, ADVOCATE.) AND: SHARANABASAPPA SHIVASHANKRAPPA SAJJAN AGE: 32 YEARS, OCC: AGRICUTLURE, R/AT. MUTTAGI, TQ. BASAVANA BAGEWADI, DIST. VIJAYAPUR 586203. …RESPONDENT (NOTICE SERVED TO RESPONDENT.) THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF THE CIVIL PROCEDURE CODE, 1908, PRAYING TO WITHDRAW THE PETITION M.C.NO.56/2024 UNDER SECTION 13(A) OF HINDU MARRIAGE ACT BEFORE SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS AT BASAVANABAGEWADI, TRANSFER TO THE PRINCIPLE JUDGE, FAMILY COURT AT BAGALKOT, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.,. THIS PETITION COMING ON FOR ADMISSION THIS DAY, ORDER IS MADE THEREIN AS UNDER: Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.08.20 15:28:38 +0530 - 2 - HC-KAR NC: 2025:KHC-D:10443 CP No. 100131 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE G BASAVARAJA) Heard the learned counsel for petitioner. 2. This petition is filed by the petitioner under section 24 of the Code of Civil Procedure, 1908, seeking to transfer M.C.No.56/2024, pending on the file of Senior Civil Judge and JMFC Court, Basavanabagewadi, to the Court of Principal Judge, Family Court, Bagalkot, on the following grounds. “8. The distance between the Bagalkot and Basavanabagewadi is more than 60 kms, and the petitioner needs to change buses before reaching Basabvanabagewadi from Bevoor, this being so, it is very difficult for her to travel alone with 2½ year girl Baby to Basavanabagewadi whenever the case is taken up for hearing, at Basavanabagewadi. 9. The petitioner submits that, she has no source of income, and nobody is there to accompany the petitioner and she is not working and not able to maintain herself and her daughter and she is not in a position to spend for travelling and there is harassment at Basavanabagewadi and it has become very difficult to the petitioner to attend the Court at Basavanabagewadi. - 3 - HC-KAR NC: 2025:KHC-D:10443 CP No. 100131 of 2025 10. That, even though the petitioner is ever ready to lead happy married life despite all these shortcoming from his side in the past, but unable look after herself, the petitioner is presently residing at Bevoor. But knowing very well about this, the respondent with an intention to further harass, has filed this petition at Basavanabagewadi.” 3. To substantiate her contentions, the petitioner has produced copy of the petition filed by her husband in Basavanabagewadi Court, under Section 13(A) of the Hindu Marriage Act, seeking divorce, in M.C.No.56/2024 and also the notice issued in the said case. 4. There are no materials to discard the grounds urged by the petitioner in the petition. Accepting the reasons assigned in the petition, I proceed to pass the following: ORDER i) The petition filed under section 24 of CPC is allowed. - 4 - HC-KAR NC: 2025:KHC-D:10443 CP No. 100131 of 2025 ii) M.C.No.56/2024, pending on the file of Senior Civil Judge and JMFC Court, Basavanabagewadi, shall be transferred to the Court of Principal Judge, Family Court, Bagalkot, for disposal in accordance with law. iii) Registry to send a copy of this order to the respondent/husband through RPAD. iv) Registry to send a copy of this order to both the Courts for taking necessary action. Sd/- (G BASAVARAJA) JUDGE MRK CT: CMU LIST NO.: 1 SL NO.: 58