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2026 DAILYLAW 53649 (KAR)

SMT. NASRINBEGUM W/O. NAZIR AHAMMAD KOTABAL v. NAZIR AHAMMAD S/O. SALEEMSAB KOTHABAAL

CP/100200/2025 · 2026-01-21

Hanchate Sanjeevkumar

Original Suitbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC-D:674 CP No. 100200 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 21ST DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR CIVIL PETITION NO. 100200 OF 2025 BETWEEN: SMT. NASRINBEGUM W/O. NAZIR AHAMMAD KOTABAL, AGE: 35 YEARS, OCC: PRIVATE WORK, R/O. KALLUR, POST. CHINCHALI, TQ. & DIST. GADAG, PIN CODE-582101. …PETITIONER (BY SRI MALLIKARJUN B. MADANALLI, ADVOCATE) AND: NAZIR AHAMMAD S/O. SALEEMSAB KOTHABAAL, AGE: 36 YEARS, OCC: PRIVATE WORK, R/O. NAVANAGAR, TQ. & DIST. BAGALKOT, PIN CODE-587101. …RESPONDENT (NOTICE TO RESPONDENT SERVED) THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF THE CODE OF CIVIL PROCEDURE, PRAYING TO PASS AN ORDER TRANSFERRING THE O.S.NO.9/2025 PENDING BEFORE THE PRL. JUDGE FAMILY COURT, BAGALKOT TO THE PRL. FAMILY COURT, GADAG, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION COMING ON FOR ORDERS, 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:674 CP No. 100200 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) This petition is filed under Section 24 of the Code of Civil Procedure, 1908, praying to withdraw and transfer the case in O.S.No.9/2025, pending on the file of the Principal Judge, Family Court, Bagalkot to the Court of Principal Judge, Family Court, Gadag. 2. Heard the learned counsel appearing for the petitioner and perused the material available on record. 3. The parties to the proceedings do not dispute that the marriage between the petitioner/wife and the respondent/husband was solemnized on 05.02.2020 as per their customs and rituals prevailing in their community at Kanak Bhavan, Mulagund road, Gadag. 5. The pleading and material available on record indicates that the petitioner/wife has filed Crl.Misc.No.149/2025 before the II Additional Civil Judge and JMFC-II, Gadag, under Section 12 of Protection of - 3 - HC-KAR NC: 2026:KHC-D:674 CP No. 100200 of 2025 Women from Domestic Violence Act against the respondent/husband and his parents, to the counterblast respondent/husband has filed O.S.No.9/2025 before the Principal Judge, Family Court, Bagalkot, under Order VII Rule 1 and 2 of CPC seeking Restitution of Conjugal Rights. 6. It is the case of the petitioner herein that the petitioner is residing at Gadag along with her four years old child in her parents’ house. The petitioner being woman has no independent source of income to travel and to attend the proceedings before the Bagalkot 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 Bagalkot, is of the considered view that it would be just and appropriate to withdrawn the O.S.No.9/2015 pending on the file of Principal Judge, Family Court, Bagalkot and transfer to the Principal Judge, Family Court, Gadag. - 4 - HC-KAR NC: 2026:KHC-D:674 CP No. 100200 of 2025 8. Hence, I proceed to pass the following order. ORDER i. The petition is allowed; ii. O.S.No.9/2015 pending on the file of the Principal Judge, Family Court, Bagalkot, is withdrawn from the said Court and transferred to the Principal Judge, Family Court Gadag, for trial, in accordance with law. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE ASN /CT-AN List No.: 1 Sl No.: 16 - 5 - HC-KAR NC: 2026:KHC-D:674 CP No. 100200 of 2025 IN THE HIGH COURT OF KARNATAKA AT DHARWAD [SMT. NASRINBEGUM W/O. NAZIR AHAMMAD KOTABAL, VS. NAZIR AHAMMAD S/O. SALEEMSAB KOTHABAAL] 21.04.2026 (VIDEO CONFERENCING / PHYSICAL HEARING) CORAM: HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR ORAL ORDER ON I.A.NO.1 OF 2026 Heard on I.A.No.1 of 2026. Learned counsel for the petitioner has filed I.A.No.1 of 2026 under Section 152 of C.P.C., for correction of the order which was passed on 21.01.2026. This Court on 21.01.2026 has disposed of the petition. In order at page No.3, in paragraph No.7 and in the operative portion at clause No.(ii), in page No.4, trial Court case number O.S.No.9/2025 is wrongly shown as O.S.No.9/2015. The same is to be corrected. Accordingly, I.A.No.1/2026 is allowed. - 6 - HC-KAR NC: 2026:KHC-D:674 CP No. 100200 of 2025 The trial Court case number mentioned in the order as O.S.No.9/2015 is corrected as O.S.No.9/2025. Pursuant to which clause No.(ii) in the operative portion of the order shall be read as under: “(ii)O.S.No.9/2025 pending on the file of the Principal Judge, Family Court, Bagalkot, is withdrawn from the said Court and transferred to the Principal Judge, Family Court Gadag, for trial, in accordance with law..” This order shall be read in conjunction of the order dated 21.01.2026. Issue fresh free certified copy of the order to the parties. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE SRA List No.: 3 Sl No.: 2