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2025 DAILYLAW 7167 (KAR)

SMT. DIVYA W/O SAGAR ANGADI v. SAGAR S/O CHANDRASHEHKAR ANGADI

CP/100214/2024 · 2025-01-06

E S Indiresh

body2025

Judgment text

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- 1 - NC: 2025:KHC-D:57 CP No. 100214 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 6TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH CIVIL PETITION NO. 100214 OF 2024 (-) BETWEEN: SMT. DIVYA W/O. SAGAR ANGADI, AGE. 26 YEARS, OCC. HOUSE HOLD, R/O. JOSHI GALLI GARDER ILKA, NOW AT BANDI VILLAGE, TQ. YELBURGA, DIST. KOPPAL 583236. …PETITIONER (BY SRI. B.C. JNANAYYA SWAMI, ADVOCATE) AND: 1. SAGAR S/O. CHANDRASHEHKAR ANGADI, OCC. ENGINEER, AGE. 28 YEARS, R/O. JOSHI GALLI GARDEN ILKAL, TQ. ILKAL, DIST. BAGALKOTE. NOW @ NO.32, PADMASAI NIVASA, 2ND CROSS, BHAVANI MAIN ROAD, RAAMMURTI NAGAR, BENGALURU – 560016. 2. ABHISHEK S/O. NINGAPPA CHATTER, AGE: 28 YEARS, R/O. BASAVANAGAR, TANGADAGI ROAD, TQ: MUDDEBIHAL – 586212 DIST: VIJAYAPUR. …RESPONDENTS (BY SRI. SACHIN C. ANGADI, ADVOCATE FOR SRI. R.H.ANGADI, ADVOCATE) Digitally signed by MANJANNA E Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:57 CP No. 100214 of 2024 THIS CIVIL PETITION FILED U/SEC.24 OF CPC, PRAYING TO PASS APPROPRIATE DIRECTION OR ORDER, TO TRANSFER THE PROCEEDINGS IN M.C.NO.5/2024 PENDING ON THE FILE OF LEARNED SENIOR CIVIL JUDGE AND JMFC HUNGUND TO SENIOR CIVIL JUDGE YELBURGA, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING: 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 seeking transfer of M.C.No.5/2024 from the Court of Senior Civil Judge and JMFC, Hungund to the competent Senior Civil Judge at Yelburga. 3. Having taken note of the submissions made by the learned counsel appearing for the parties that M.C.No.5/2024 is filed by the respondent No.1 herein seeking dissolution of the marriage before the Senior Civil Judge and JMFC, Hungund and also the petitioner has filed Crl. Misc. No.251/2024 on the file of the Civil Judge and JMFC, Yelburga seeking maintenance under Section 125 of the Cr.P.C., I am of the view that as the - 3 - NC: 2025:KHC-D:57 CP No. 100214 of 2024 distance between Yelburga and Hungund is more than 72 kms and that apart, the petitioner herein has produced copies of criminal complaints lodged by each other in respect of matrimonial dispute, I find force in the submission of the learned counsel appearing for the petitioner seeking transfer of the pending case in M.C.No.5/2024. Accordingly, the petition is allowed. 4. That the M.C.No.5/2024 pending consideration before the Senior Civil Judge, Hungund is hereby withdrawn and transferred to the Court of Senior Civil Judge at Yelburga, forthwith. Sd/- (E.S.INDIRESH) JUDGE YAN CT:ANB List No.: 2 Sl No.: 17