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Dr. Ambuja @ Nandini vs Mallikarjun Reddy Neerligi on 9 July, 2021

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IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 09TH DAY OF JULY, 2021
BEFORE
THE HON’BLE MR.JUSTICE P.N.DESAI
C.P.No.200016/2021
BETWEEN:
DR. AMBUJA @ NANDINI W/O MALLIKARJUN REDDY
NEERLIGI
AGE: 31 YEARS OCC: MEDICAL OFFICER
AT TALUKA HEATH OFFICE, SINDHANUR
R/O: HOGARNAL VILLAGE, TQ: MASKI
DIST: RAICHUR, NOW RESIDING AT
SHOP NO.128 AMARESHWARA ENTERPRISES
OPP: OLD REGISTER OFFICE, APMC,
1ST GATE, APMC YARD, SINDHANUR
TQ: SINDHANUR DIST: RAICHUR.
…PETITIONER
(SRI. PUNITH MARKAL, ADVOCATE FOR
SRI. MAHANTESH PATIL, ADVOCATE)

AND:
MALLIKARJUN REDDY NEERLIGI
S/O LATE TAMMANNA @ BASAVARAJ
AGE: 31 YEARS OCC: FIELD OFFICER
AXIS BANK, MARKET BRANCH, KALABURAGI
R/O: HOUSE NO.77, SWASTHIK NAGAR,
NEAR KARGE PETROL BUNK, KALABURAGI
DIST: KALABURAGI – 585 102.
… RESPONDENT
(SMT. ANITA M. REDDY, ADVOCATE)
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THIS PETITION IS FILED UNDER SECTION 24 OF

CODE OF CIVIL PROCEDURE, PRAYING THAT

M.C.NO.125/2020 PENDING BEFORE THE LEARNED

DISTRICT JUDGE, FAMILY COURT AT KALABURAGI,

BE WITHDRAWN AND TRANSFERRED TO THE

LEARNED SENIOR CIVIL JUDGE AND JMFC, AT

SINDHANUR, RAICHUR DISTRICT.

THIS PETITION COMING ON FOR ADMISSION

THIS DAY, THE COURT MADE THE FOLLOWING:

ORDER

Though this petition is posted for admission, the

matter is taken up for final disposal, by consent of both

the parties.

02. This petition is filed under Section 24 of

Code of Civil Procedure seeking to transfer

M.C.No.125/2020 pending on the file of District Judge

Family Court at Kalaburagi to the Senior Civil Judge

and JMFC at Sindhnur.

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03. It is contended in the petition that the

marriage of the petitioner with respondent was

solemnized on 03.07.2017 at Annadaneshwar Kalyana

Mantap, Sindhanur. After the wedlock the petitioner

gave birth to a son by name Chandan on 23.08.2018.

After some time, the dispute arose between the

petitioner and respondent. Thereafter, the petitioner has

filed a petition under Section 9 of the Hindu Marriage

Act, 1955 seeking restitution of conjugal rights in

M.C.No.53/2020 before the learned Senior Civil Judge,

at Sindhanur. It is further contended that she has filed

a criminal case against the respondent and his family

members in Crime No.192/2020 before the Sindhanuru

Rural Police Station for the offences punishable under

Section 498A, 504, 506, 109 and 149 of IPC and under

Sections 3 and 4 of Dowry Prohibition Act. The

respondent has filed O.S.No.3/2021 before the learned

Principal Judge, Family Court at Kalaburagi. The

petitioner approached this Court in C.P.No.
4

200004/2021 seeking transfer of O.S.No.3/2021. The

said petition allowed by this Court on 16.06.2021 and

the O.S.No.3/2021 pending on the file of Family Court,

at Kalaburagi is transferred to Senior Civil Judge and

JMFC Court at Sindhanur.

04. It is further stated that respondent has filed

M.C.No.125/2020 pending on the file of the learned

District Judge Family Court at Kalaburagi for

dissolution of Marriage as per Annexures-H and J. She

is having minor son and residing with her parents at

Sindhanur. It is further contended that she is unable to

travel to Kalaburagi on all hearing dates alongwith her

minor son. Accordingly, she prayed to allow the petition.

05. The respondent appeared through his

counsel, but not filed any objections.
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06. It is evident that the petitioner is working as

Medical Officer at Taluka Health Office Sindhanur and

residing with her minor child. Admittedly, she has filed

a criminal case against the respondent and his family

members and the respondent and others are appearing

before the learned JMFC Court at Sindhanur. It is

evident that the petitioner has also filed

M.C.No.53/2020 before the Senior Civil Judge, at

Sindhanur, wherein the respondent is appearing at

Sindhanur. The petitioner is having minor son. It is also

evident that the distance between Sindhanur to

Kalaburagi is about 220 kms. The petitioner stated that

there is threat to her life. It is also evident that

C.P.No.200004/2021 is allowed by this Court on

16.06.2021 and the O.S.No.3/2021 pending on the file

of Family Court, at Kalaburagi between the same parties

is transferred to Senior Civil Judge and JMFC Court at

Sindhanur. The petitioner being a lady, may find it

difficult to travel along with her minor son.
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07. It is settled principles of law that usually

when the matrimonial proceedings are pending before

the different Courts, transfer of the case to a place

where wife is residing is just and proper.

08. It is wife convenience that must be looked

into as held by the Hon’ble Supreme Court in the case

of Sumita Singh vs. Kumar Sanjay and another

reported in AIR 2002 SC 396; Datla Padmavathi Devi

vs. Datla Ravindra Rayapuraju Verma reported in

(2002) 10 SCC 500.

09. In view of the principles stated in the above

decisions, if the present petition contents are considered

then it is just and proper to withdraw and transfer the

petition pending at District to the place where the wife

is residing with her minor child. In the result, I proceed

to pass the following:

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ORDER

The Petition is allowed.

The M.C.No.125/2020 pending on the file of the

learned District Judge Family Court at Kalaburagi is

withdrawn and transferred to the learned Senior Civil

Judge and JMFC at Sindhanur, Raichur District to

dispose off the same in accordance with law.

No order as to costs.

The office is directed to take necessary measures

in this regard.

Sd/-

JUDGE
KJJ

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