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2025 DAILYLAW 62852 (KAR)

RAJU S/O HANUMANTAPPA NIMBALGUNDI v. SMT TEJASHWINI W/O RAJU NIMBALGUNDI

CP/100124/2025 · 2025-10-16

C M Joshi

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:14051 CP No. 100124 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 16TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE C M JOSHI CIVIL PETITION NO. 100124 OF 2025 BETWEEN: RAJU S/O. HANUMANTAPPA NIMBALGUNDI, AGE: 38 YEARS, OCC. PVT. JOB, R/O. NO. #148, RANGAVADOT NAGAR, BETAGERI, TQ. AND DIST. GADAG-582101. NOW AT: R/O. DOOR NO. 172, JAYANAGAR, 2ND BLOCK, 7TH CROSS, 7TH MAIN, BENGALURU-560082. …PETITIONER (BY SMT. PADMAJA S. TADPATRI, ADVOCATE) AND: SMT. TEJASHWINI W/O. RAJU NIMBALGUNDI, AGE: 32 YEARS, OCC. HOME MAKER, R/O. SHIV MAHANTANAGAR, VTC HUNGUND, TQ. HUNAGUND, DIST. BAGALKOTE-587118. …RESPONDENT (BY SRI. SANTOSHKUMAR G. RAMPUR, ADVOCATE) THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CPC, 1908, PRAYING TO PASS AN ORDER TRANSFERRING MC NO.39/2024 PENDING ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC, HUNAGUND TO PRINCIPAL FAMILY COURT, BENGALURU AND ETC. THIS CIVIL PETITION, COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER: YASHAVANT NARAYANKAR Digitally signed by YASHAVANT NARAYANKAR Date: 2025.10.17 11:04:55 +0530 - 2 - HC-KAR NC: 2025:KHC-D:14051 CP No. 100124 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE C M JOSHI) Heard the learned counsel appearing for the petitioner and the respondent. 2. This petition is filed under Section 24 of the CPC seeking transfer of M.C.No.39/2024 pending on the file of Senior Civil Judge and J.M.F.C., Hunagund to the Principal Judge, Family Court, Bengaluru. The petitioner is the husband and respondent is the wife. It is the case of the petitioner that whenever he visits Hunagund, he is put under the threat and therefore, he is requesting the transfer of the M.C.No.39/2024, which is filed for divorce before the learned Senior Civil Judge and J.M.F.C., Hunagund to the Court of the Principal Judge, Family Court, Bengaluru. 3. The said contention is resisted by the learned counsel for the respondent (wife) that there is no such threat which is posed to the petitioner and the respondent being the wife working as a guest lecturer in a college as well as a - 3 - HC-KAR NC: 2025:KHC-D:14051 CP No. 100124 of 2025 school, it would be difficult for her to go to Bengaluru to conduct the case. 4. After hearing the learned counsel for both the sides for sometime, they are agreeable for a transfer of the M.C.No.39/2024 to a place which is nearer to the place of residence of the respondent other than Hunagund. 5. In the light of the said submissions made by both the sides, this Court finds that it would be proper to transfer M.C.No.39/2024 pending before the Court of the Senior Civil Judge and J.M.F.C., Hunagund to the Family Court at Bagalkot. Hence, the petition succeeds and as such the following: ORDER i) M.C.No.39/2024 pending before the Senior Civil Judge, Hunagund is hereby withdrawn and transferred to the Principal Judge, Family Court, Bagalkot for disposal in accordance with law. ii) Communicate this order to both the Courts. - 4 - HC-KAR NC: 2025:KHC-D:14051 CP No. 100124 of 2025 iii) Both the parties are directed to appear before the learned Principal Judge, Family Court, Bagalkot on 03.11.2025. SD/- (C M JOSHI) JUDGE SSP CT:PA List No.: 1 Sl No.: 40