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2025 DAILYLAW 59693 (KAR)

SMT. ASHWINI W/O VIDYASAGAR KAMANURI v. MR. VIDYASAGAR VIJAY KAMANURI

CP/100150/2024 · 2025-04-24

E S Indiresh

body2025

Judgment text

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- 1 - NC: 2025:KHC-D:6771 CP No. 100150 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 24TH DAY OF APRIL 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH CIVIL PETITION NO. 100150 OF 2024 (-) BETWEEN: SMT. ASHWINI W/O. VIDYASAGAR KAMANURI, AGE: 37 YEARS, OCC: HOUSE WIFE, C/O. M.N. BHUMA, SIMPI GALLI, SIRSI-581402 (UTTARA KANNADA). …PETITIONERS (BY SRI. UMESH C. AINAPUR, ADVOCATE) AND: MR. VIDYASAGAR VIJAY KAMANURI, AGE: 42 YEARS, OCC: SERVICE, R/O. #453, 13TH CROSS, MANJUNATH NAGAR, (NEAR SAI MANDIR), BASAVESHWAR NAGAR, RAJAJI NAGAR, BANGALORE-560010. …RESPONDENT (BY SRI. SANTOSH RAWOOT, ADVOCATE) THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CPC PRAYING TO TRANSFER THE PETITION FILED BY THE RESPONDENT BEARING M.C. NO.30/2024 PENDING IN I ADDITIONAL PRINCIPAL JUDGE FAMILY COURT, BELAGAVI TO THE SENIOR CIVIL JUDGE AND PRINCIPAL JUDICIAL MAGISTRATE FIRST CLASS, SIRSI. THIS PETITION COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE E.S.INDIRESH SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:6771 CP No. 100150 of 2024 ORAL ORDER 1. This petition is filed under Section 24 of CPC seeking transfer of M.C.No.30/2024 pending on the file of the I Additional Principal Judge, Family Court, Belagavi to the competent Court at Sirsi. 2. Heard the learned counsel appearing for the parties. 3. Learned counsel appearing for the respondent strenuously contended that there is no necessity for transferring the matter since the respondent is working at Bengaluru and more hardship will be caused. 4. In that view of the matter, there is no substance in the arguments advanced by the learned counsel appearing for the respondent taking into consideration the hardship that may be caused to the petitioner herein. 5. Taking into consideration the fact that the distance between Belagavi and Sirsi is more than 150 - 3 - NC: 2025:KHC-D:6771 CP No. 100150 of 2024 kilometers and also the fact that the petitioner herein has filed Crl.Misc.No.23/2023 under Section 125 of Cr.P.C. seeking maintenance against the respondent herein, I find force in the submission made by the learned counsel appearing for the petitioner. 6. Accordingly, the petition is allowed. M.C.No.30/2024 pending on the file of I Additional Principal Judge, Family Court, Belagavi is hereby withdrawn and transferred to the competent Court at Sirsi forthwith. Sd/- (E.S.INDIRESH) JUDGE SH CT-MCK List No.: 1 Sl No.: 23