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2025 DAILYLAW 7893 (KAR)

PRAFULKUMAR S/O MADHUKAR GHOKE v. SMT GAYATRI W/O PRAFULKUMAR GHODKE

CP/100236/2024 · 2025-03-21

E S Indiresh

body2025

Judgment text

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- 1 - NC: 2025:KHC-D:5247 CP No. 100199 of 2023 C/W CP No. 100236 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 21ST DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH CIVIL PETITION NO. 100199 OF 2023 (-) C/W CIVIL PETITION NO. 100236 OF 2024 IN C.P. NO.100199/2023 (-) BETWEEN: SMT. GAYATRI W/O. PRAFULKUMAR GHODKE, AGE: 31 YEARS, OCC: ENGINEER, PRESENTLY R/O. H.NO.1393/A/2B, DHARMANATH CIRCLE, RAMANAGAR, BELAGAVI, TQ: BELAGAVI, DIST: BELAGAVI-590001. …PETITIONER (BY SRI. H.M. DHARIGOND, ADVOCATE) AND: SRI. PRAFULKUMAR S/O. MADHUKAR GHODKE, AGE: 35 YEARS, OCC: ENGINEER, H.NO.74 CHANDAN, BAPANA LAYOUT, GUDIHAL CROSS, OLD HUBBALLI, HUBBALLI, TQ: HUBBALLI, DIST: DHARWAD-580001. …RESPONDENT (BY SRI. MALLIKARJUNSWAMY B. HIREMATH, ADVOCATE) THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CPC, PRAYING TO TRANSFER THE M.C.NO.328/2023 PENDING ON THE FILE OF IST ADDL. PRINCIPAL JUDGE, FAMILY COURT HUBBALLI TO PRINCIPAL FAMILY COURT BELAGAVI BY ALLOWING THIS CIVIL PETITION. IN C.P. NO.100236/2024 (-) BETWEEN: PRAFULKUMAR S/O. MADHUKAR GHODKE, AGED 36 YEARS, OCC: ENGINEER, Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.03.22 15:55:07 +0530 - 2 - NC: 2025:KHC-D:5247 CP No. 100199 of 2023 C/W CP No. 100236 of 2024 R/O. H.NO.74 CHANDAN, BAPANA LAYOUT, GUDIHAL CROSS, OLD HUBBALLI, TQ: HUBBALLI, DIST: DHARWAD-580001. …PETITIONER (BY SRI. MALLIKARJUNSWAMY B. HIREMATH, ADVOCATE) AND: SMT. GAYATRI W/O. PRAFULKUMAR GHODKE, AGED ABOUT 32 YEARS, OCC: ENGINEER, R/O. H.NO.1393/A/2B, DHARMANATH CIRCLE, RAMANAGAR, BELAGAVI-590001. …RESPONDENT (BY SRI. H.M. DHARIGOND, ADVOCATE) THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CPC, PRAYING TO PASS AN ORDER TRANSFERRING SUIT BEARING M.C.NO.328/2023 PENDING ON THE FILE OF PRINCIPAL FAMILY COURT, HUBBALLI TO THE COURT OF PRINCIPAL FAMILY COURT, BENGALURU AND ETC. THESE PETITIONS COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER 1. Heard the learned counsels appearing for the parties. 2. These petitions are filed by either of the parties seeking transfer of M.C.No.328/2023 pending consideration before the Principal Family Court, Hubballi. - 3 - NC: 2025:KHC-D:5247 CP No. 100199 of 2023 C/W CP No. 100236 of 2024 CP No.100236/2024 is filed by the husband seeking transfer of the above petition to the competent Court at Bengaluru and on the other hand, the petitioner - wife has filed CP No.No.100199/2023 seeking transfer of M.C.No.328/2023 to the competent Family Court at Belagavi. 3. Having taken note of the submissions made by the learned counsel appearing for the parties, though the learned counsel for the respondent - husband contended that both the parties are working at Bengaluru, however, the said submission was opposed by the learned counsel representing the petitioner – wife. 4. Taking into account the hardship that may be caused to the petitioner – wife, I am of the view that the CP No.100199/2023 filed by the petitioner – wife is to be allowed. 5. Accordingly, CP No.100199/2023 is allowed transferring M.C.No.328/2023 pending consideration - 4 - NC: 2025:KHC-D:5247 CP No. 100199 of 2023 C/W CP No. 100236 of 2024 before the Principal Family Court at Hubballi to the competent Family Court at Belagavi forthwith. 6. CP No.100236/2024 is hereby dismissed. Sd/- (E.S.INDIRESH) JUDGE SH CT-MCK List No.: 2 Sl No.: 14