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2025 DAILYLAW 5875 (KAR)

SAYEDA BIBI SARAH MANNAN W/O SYED HUMAID PASHA v. SAYED HUMAID PASHA S/O SAYED JAVED PASHA

CP/100128/2024 · 2025-01-22

E S Indiresh

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC-D:1164 CP No. 100128 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 22ND DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH CIVIL PETITION NO. 100128 OF 2024 (-) BETWEEN: SAYEDA BIBI SARAH MANNAN W/O. SYED HUMAID PASHA, AGE. 30 YEARS, OCC. HOUSE HOLD WORK, C/O. SYED AHMED ABDUL MANAN, PLOT NO. 24/25 APMC MAIN ROAD, AZAM NAGAR, BELAGAVI - 590010. …PETITIONER (BY SRI. SHARAD MALGOUND PATIL, ADVOCATE) AND: SAYED HUMAID PASHA S/O. SAYED JAVED PASHA, AGE. 33 YEARS, OCC. PRIVATE SERVICE, R/O. #126, MALA PRABHA NATIONAL GAMES VILLAGE, BEHIND PASSPORT OFFICE, KORAMANGAKLA, BANGALURU SOUTH BANGALURU – 560095. …RESPONDENT (BY SRI. SUDHINDRA BHAT, ADVOCATE) THIS CIVIL PETITION IS FILED U/SEC.24 OF CPC, PRAYING TO TRANSFER THE MATRIMONIAL CASE BEARING O.S.NO.164/2024 UNDER ORDER VII RULE 1 AND 2 AND SECTION 26 OF CPC R/W 281 OF MOHAMMEDAN LAW ON THE FILE OF PRINCIPAL JUDGE, FAMILY COURT, BENGALURU, TO FAMILY COURT BELAGAVI, IN THE INTEREST OF MEETING THE ENDS OF JUSTICE. THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING: MANJANNA E Digitally signed by MANJANNA E Date: 2025.01.24 12:59:56 +0530 - 2 - NC: 2025:KHC-D:1164 CP No. 100128 of 2024 CORAM: THE HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER Heard the learned counsel appearing for the parties. 2. This petition is filed by the petitioner-wife seeking transfer of O.S.No.164/2024 from the Court of Principal Judge, Family Court, Bengaluru to the competent Family Court, Belagavi. 3. Having taken note of the submission made by the learned counsel for the parties, as the petitioner-wife has filed Crl.Misc.No.196/2024, which is pending consideration before the Family Court at Belagavi seeking maintenance under Section 125 of Cr.P.C., against the respondent-husband and further taking into consideration that as the respondent herein has filed O.S.No.164/2024 at Family Court at Bengaluru, which is nearly more than 500 kms away from Belagavi, and as such, it is difficult for the petitioner to attend the proceedings at Bengaluru regularly. In that view of the matter, taking into consideration the hardship that may be caused to the petitioner I find force in the submission made by the learned counsel for the petitioner. Accordingly, the above petition is allowed. - 3 - NC: 2025:KHC-D:1164 CP No. 100128 of 2024 4. That the O.S.No.164/2024 pending consideration on the file of Principal Judge, Family Court, Bengaluru is withdrawn and transferred to the competent Family Court at Belagavi, forthwith. Sd/- (E.S.INDIRESH) JUDGE YAN CT:ANB List No.: 1 Sl No.: 28