SMT SHRUTI SHORATUR W/O R MANUKUMAR v. SRI R MANUKUMAR S/O M G RAJASHEKARAIAH
CP/100143/2025 · 2025-10-29
C M Joshi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 85132 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 85132 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC-D:14591 CP No. 100143 of 2025
IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 29TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE C M JOSHI CIVIL PETITION NO. 100143 OF 2025 BETWEEN:
SMT. SHRUTI SHORATUR W/O. R. MANUKUMAR, AGE: 33 YEARS, OCC. HOUSEWIFE, R/O. CHIKKAMAGANUR VILLAGE, TALUK: RANEBENNUR, DISTRICT: HAVERI. …PETITIONER (BY SMT. SHIVALEELA ARAHUNASI, ADVOCATE FOR SRI. NAGANGOUDA R. KUPPELUR, ADVOCATE)
AND:
SRI. R.MANUKUMAR S/O. M.G. RAJASHEKARAIAH, AGE: 35 YEARS, OCC. AGRICULTURE, R/O. SHIVAGANGA VILLAGE, POST: TALYA HOBLI, TALUK: HOLALKERE, DISTRICT: CHITRADURGA-571021. …RESPONDENT (RESPONDENT-NOTICE SERVED)
THIS CIVIL PETITION IS FILED UNDER SECTION 24(1) OF CPC, 1908, PRAYING TO PASS AN
ORDER TRANSFERRING THE PROCEEDINGS IN M.C. NO 41/2024 FROM HE FILE OF THE SENIOR CIVIL JUDGE AND JMFC., HOLALKERE TO THE SENIOR CIVIL JUDGE AND JMFC., RANEBENNUR IN THE INTEREST OF JUSTICE.
THIS PETITION, COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
YASHAVANT NARAYANKAR Digitally signed by YASHAVANT NARAYANKAR Date: 2025.10.30 11:08:58 +0530
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HC-KAR NC: 2025:KHC-D:14591 CP No. 100143 of 2025
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE C M JOSHI )
Heard learned counsel appearing for the petitioner.
2. None appeared for the respondent.
3. The petitioner is wife of the respondent and she has filed this petition under Section 24(1) of the Code of Civil Procedure, 1908 (for short, ‘CPC’) seeking transfer of M.C.No.41/2024 pending before the Senior Civil Judge and JMFC Holalkere to the Senior Civil Judge and JMFC, Ranebennur, where the Criminal Miscellaneous petition No.192/2025 filed under Section 144(1) of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for maintenance is pending.
4. The petitioner states that after the differences with the respondent, she is residing with her parents at Ranebennur and the respondent has filed a divorce petition in M.C.No.41/2024 before the Senior Civil Judge and JMFC, Holalkere. It is contented that the petitioner has to travel more than 140 kilometers to attend the proceedings in M.C.No.41/2024 which is troublesome for her and it would result
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HC-KAR NC: 2025:KHC-D:14591 CP No. 100143 of 2025
in financial difficulties to her. Therefore, she is seeking transfer of M.C.No.41/2024 to the Court of Senior Civil Judge and JMFC, Ranebennur.
5. Despite service of notice, the respondent has not appeared. The records produced by the petitioner revealed that she has also filed a criminal miscellaneous petition under Section 144(1) of the BNSS at I Additional Senior Civil Judge and JMFC Ranebennur. It is evident that if both matters are considered by one and the same Court, the Court can consider the grievances in a comprehensive manner. Moreover, it cannot be denied that the petitioner would be suffering if she is made to travel to Holalkeri, while she doesn't have any source of income. In that view of the matter, the petition deserves to be allowed.
6. Hence, I proceed to pass the following:
ORDER i. The petition is allowed. ii. The M.C.No.41/2024 pending on the file of learned Senior Civil Judge and JMFC, Holalkeri is hereby withdrawn and transferred to learned
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HC-KAR NC: 2025:KHC-D:14591 CP No. 100143 of 2025
Senior Civil Judge and JMFC, Ranebennur, where Crl.Misc.No.192/2025 under Section 144(1) of the BNSS is pending. iii. Intimate both the Courts regarding the order passed by this Court.
SD/- (C M JOSHI) JUDGE
RKM CT:PA LIST NO.: 1 SL NO.: 33