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High Court of Karnataka · body

2025 DAILYLAW 7456 (KAR)

RAKSHITA R SOHANI W/O. SHIVAPRASAD v. SRI. SHIVAPRASAD S/O. VEERESHWARA JOSHY

CP/100213/2024 · 2025-01-06

E S Indiresh

body2025

Judgment text

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- 1 - NC: 2025:KHC-D:56 CP No. 100213 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. 100213 OF 2024 (-) BETWEEN: RAKSHITA R.SOHANI W/O. SHIVAPRASAD D/O. RAGHAVENDRA SOHANI, AGE. 26 YEARS, OCC. HOUSEWIFE, R/O. 7-DASARA COMPLEX SAMBERGI CHAWL, KESHWAPUR, HUBBALLI-580023. …PETITIONER (BY SRI. BUSHRA S.WAREMANI, SRI. ANOOP G. DESHPANDE AND SRI. BASAVARAJ B. KARADI, ADVOCATES) AND: SRI. SHIVAPRASAD S/O. VEERESHWARA JOSHY AGE. 29 YEARS, OCC. BUSINESS MAN, R/O. HIMAGIRI, MULLUR, MALA VILLAGE AND POST, TQ. KARKALA, DIST. UDUPI-574122 …RESPONDENT (BY SRI. J.S. SHETTY, ADVOCATE) THIS CIVIL PETITION FILED U/SEC.24 OF CPC, PRAYING TO ALLOW THIS PETITION AND TRANSFER THE CASE IN M.C.NO.73/2024 PENDING ON THE FILE OF HON’BLE OF SENIOR CIVIL JUDGE AND ACJM AT KARKALA, TO THE HON’BLE PRL. JUDGE, FAMILY COURT, HUBBALLI IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING: Digitally signed by MANJANNA E Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:56 CP No. 100213 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 seeking transfer of M.C.No.73/2024 from the Court of Senior Civil Judge and ACJM, Karkala filed by the respondent herein to the competent Family Court at Hubballi. 3. Learned counsel for the respondent opposes transfer of the petition. 4. Having taken note of the submissions of the learned counsel appearing for the parties that the distance between Karkala and Hubballi is more than 350 kms and it is also not in dispute that the petitioner herein is residing separately from the respondent herein and as such, the hardship that may be caused to the petitioner has to be considered. It is also to be noted that the petitioner is studying in R.N.Shetty college, Belagavi. In that view of the matter, I find force in the submission made by the learned counsel for the petitioner. Accordingly, the petition is allowed. - 3 - NC: 2025:KHC-D:56 CP No. 100213 of 2024 5. That the M.C.No.73/2024 pending consideration before the Senior Civil Judge and ACJM, Karkala is withdrawn and transferred to the Principal Judge, Family Court at Hubballi forthwith. Sd/- (E.S.INDIRESH) JUDGE YAN CT:ANB List No.: 2 Sl No.: 16