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2026 DAILYLAW 53554 (KAR)

SMT GEETHA NADULAMANI W/O DEVRAJ v. SEI DEVARAJ S/O NEELAPPA MASTHAR NADULAMANI

CP/100184/2025 · 2026-01-27

Hanchate Sanjeevkumar

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC-D:968 CP No. 100184 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 27TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR CIVIL PETITION NO.100184 OF 2025 BETWEEN: SMT. GEETHA NADULAMANI W/O. DEVRAJ, AGE: 28 YEARS, OCC: HOUSEHOLD WORK, R/O. SUGANAHALLI, SHIRAHATTI TALUKA, GADAG, DIST. GADAG. …PETITIONER (BY SMT. PADMAJA S. TADAPATRI, ADVOCATE) AND: SRI DEVARAJ S/O. NEELAPPA MASTHAR NADULAMANI, AGE: 30 YEARS, OCC: PRIVATE JOB/EMPLOYEE, R/O. NEAR PANDURANGA COMPOUND, TQ. GANGAVATI, DT. KOPPAL. …RESPONDENT (BY SRI SHIVA SHIRUR, ADVOCATE) THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF THE CODE OF CIVIL PROCEDURE, 1908, PRAYING TO PASS AN ORDER TRANSFERRING M.C.NO.59/2025 PENDING ON THE FILE OF SENIOR CIVIL JUDGE, GANGAVATI TO PRINCIPAL FAMILY COURT, GADAG AND ETC. THIS PETITION COMING ON FOR ADMISSION, THIS DAY ORDER WAS MADE THEREIN AS UNDER: Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2026:KHC-D:968 CP No. 100184 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) Though the matter is listed for admission, with the consent of the both learned counsel for the petitioner, it is taken up for final disposal. 2. This petition is filed under Section 24 of the Code of Civil Procedure, 1908, praying to withdraw and transfer the case in M.C.No.59/2025, pending on the file of the Senior Civil Judge Gangavati to the Court of Principal Judge, Family Court, Gadag. 3. Heard the learned counsel appearing for the petitioner and respondent and perused the material available on record. 4. The parties to the proceedings do not dispute that the marriage between the petitioner/wife and the respondent/husband was solemnized on 12.02.2014 as per their customs and rituals prevailing in their community at Suganahalli village, Shirahatti Taluka, District Gadag. - 3 - HC-KAR NC: 2026:KHC-D:968 CP No. 100184 of 2025 5. The pleading and material available on record indicates that the respondent/husband has filed M.C.No.59/2025 before the Senior Civil Judge and JMFC Gangavathi, under Section 9 of the Hindu Marriage Act, 1955 for Restitution of Conjugal Rights. 6. It is the case of the petitioner herein that the petitioner is residing at Gadag along with her parents’ house. The petitioner being woman has no independent source of income to travel and to attend the proceedings before the Gangavathi Court. 7. The respondent is a private job holder. This Court, taking note of the likely inconvenience to the petitioner/wife and the fact that the petitioner/wife is being woman has no independent source of income to travel to Gangavati, is of the considered view that it would be just and appropriate to withdrawn the M.C.No.59/2025 pending on the file of Senior Civil Judge Gangavati and transfer to the Principal Judge, Family Court, Gadag. - 4 - HC-KAR NC: 2026:KHC-D:968 CP No. 100184 of 2025 8. Hence, I proceed to pass the following order. ORDER i. The petition is allowed; ii. M.C.No.59/2025 pending on the file of the Senior Civil Judge Gangavati, is withdrawn from the said Court and transferred to the Principal Judge, Family Court Gadag, for trial, in accordance with law. In view of the dismissal of petition, pending I.A.’s, if any, shall also stand disposed of. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE ASN /CT-AN List No.: 1 Sl No.: 50