Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC-D:13661 CP No. 100160 of 2025
IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 9TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE C M JOSHI CIVIL PETITION NO. 100160 OF 2025 BETWEEN:
SMT. ANUSHA W/O. NITIN DANI, AGE: 27 YEARS, OCC. HOUSEHOLD, R/O. C/O. PRABHAKAR MEHARWADE, R.S. NO.73B, PLOT NO.19, KADADI LAYOUT, NEAR PAVAD ANJANEYA TEMPLE, NEW BUS STAND, SAMBHAPUR ROAD, GADAG-582101. …PETITIONER (BY SRI. MRUTHUNJAYA BASAVARAJ KANAVI, ADVOCATE)
AND:
SHRI NITIN S/O. NARAYAN DANI, AGE: 32 YEARS, OCC. BUSINESS, R/O. PLOT NO.69, BEHIND ASHOK ENGINEERING WORKS, KARWAR ROAD, SRINAGAR, HUBBALLI-580020. …RESPONDENT
THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CPC, PRAYING TO ALLOW THIS CIVIL PETITION BY TRANSFERRING THE CASE M.C.NO.311/2025, ON THE FILE OF PRINCIPAL FAMILY COURT, HUBBALLI TO PRINCIPAL JUDGE FAMILY COURT AT GADAG WHEREIN CRL.MISC.NO.132/2025 IS PENDING IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
YASHAVANT NARAYANKAR Digitally signed by YASHAVANT NARAYANKAR Date: 2025.10.13 10:16:30 +0530
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HC-KAR NC: 2025:KHC-D:13661 CP No. 100160 of 2025
ORAL ORDER (PER: THE HON'BLE MR. JUSTICE C M JOSHI)
Heard the learned counsel appearing for the petitioner. 2. This petition is filed under Section 24 of Civil Procedure Code seeking transfer of M.C.No.311/2025 pending before the learned Principal Family Court at Hubballi to the learned Principal Judge, Family Court at Gadag wherein Crl.Misc.No.132/2025 filed by the petitioner is pending. 3. The petitioner is the wife of the respondent. Due to differences between them, the petitioner has filed a petition under Section 125 of Cr.P.C. before the Family Court, Gadag. The respondent/husband has filed M.C.No.311/2025 seeking a decree of restitution of conjugal rights before the Family Court at Hubballi. 4. Now, the petitioner contends that since she has two daughters aged 2 years and 5 years to look after, she is finding inconvenience in attending the proceedings at Hubballi in M.C.No.211/2025. The said contention of the petitioner is not
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HC-KAR NC: 2025:KHC-D:13661 CP No. 100160 of 2025
resisted by the respondent and the notice was sent to him was unclaimed by him. 5. In these circumstances, this Court finds that the M.C.No.132/2025 is to be transferred to the Principal Judge, Family Court, Gadag, which is already considering the application filed under Section 125 of Cr.P.C. in Crl.Misc.No.132/2025.
In that view of the matter, the petition succeeds and hence, the following: ORDER i) M.C.No.311/2025 pending before the Principal Family Court, Hubballi is hereby transferred to Principal Judge, Family Court, Gadag wherein Crl.Misc.No.132/2025 is pending for disposal in accordance with law. ii) The parties are directed to appear before the Family Court at Gadag on 12.11.2025. iii) Intimate both the Courts accordingly, by email also. SD/- (C M JOSHI) JUDGE SSP CT:PA LIST NO.: 1 SL NO.: 13