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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BE WITHDRAWN AND TRANSFERRED TO THE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.
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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
