SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Smt.Shamshad W/O Mohammaed Jafar … vs Smt.Mohammaed Jafar S/O Rajesab … on 26 July, 2019

1

IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH

DATED THIS THE 26th DAY OF JULY 2019

BEFORE

THE HON’BLE MR.JUSTICE P.G.M. PATIL

CP NO.100034/2019

BETWEEN:

SMT.SHAMSHAD W/O MOHAMMAED JAFAR SHAIKH,
AGE: 26 YEARS, OCC: HOUEHOLD,
R/O: C/O SRI.MAHABUBSAB SUBANI
RAJESAB HUBBALLI,
KHAJI GALLI, HALIYAL,
TQ: HALIYAL (U.K.)-581329.
… PETITIONER
(By SRI. M M NAIKWADI, ADV.)

AND:

SMT.MOHAMMAED JAFAR S/O RAJESAB SHAIKH
AGE: 33 YEARS, OCC: CENTRING AND GOUNDI WORK,
R/O: KAKARGALLI, DHARWAD,
TQ DIST: DHARWAD-580001.
… RESPONDENT
(RESPONDENT – SERVED)

CIVIL PETITON FILED U/SEC.24 OF CPC, PRAYING
TO WITHDRAW THE O.S. NO. 21/2017 AND G AND W
16/2017 FROM FAMILY COURT, DHARWAD AND
TRANSFER TO COURT OF SENIOR CIVIL JUDGE, HALIYAL.

THIS PETITION COMING ON FOR ADMISSION, THIS
DAY, THE COURT MADE THE FOLLOWING:-
2

ORDER

This is a petition filed under Section 24 of the

Code of Civil Procedure, 1908 (for short ‘CPC’) seeking

withdrawal of O.S.No.21/2017 and G and W 16/2017

pending on the file of Family Court, Dharwad and

transfer the same to the Court of Senior Civil Judge,

Haliyal.

2. The brief facts of the case are as follows:

The petitioner is legally wedded wife of the

respondent and marriage between them was solemnized

on 23.10.2001 at Haliyal as per Muslim customs and

Rites. The petitioner and the respondent lead their

married life for few months and petitioner was subjected

to the cruel treatment and harassment at the hands of

respondent and his relatives. She has two kids by name

Bibi Shakira and Mohammed Muzammil. In spite of the

kids, the petitioner was subjected to harassment and ill-

treatment by the respondent and his relatives.
3

Therefore, the petitioner was constrained to reside at

her parental house along with the children at Haliyal.

3. The petitioner has filed Criminal

Misc.No.207/2017 on the file of Civil Judge and JMFC,

Haliyal against the respondent, in order to overcome the

said petition, the respondent has filed

O.S.No.21/2017 for restitution of conjugal rights and

petition in G and W 16/2017 under Section 12 of the

Guardians and SectionWards Act, 1890. Both the said cases

are pending on the file of Family Court, Dharwad.

4. It is very difficult for the petitioner to travel

from Haliyal to Dharwad alone, as she is Parda Nashin

lady and she cannot leave her young children alone at

Haliyal and come to Dharwad to attend the cases. Her

father is a mason and she is having four younger sisters

and she is unable to take her mother as she has to take

care of her children and hence petitioner has sought for
4

transfer of the said case from the Family Court,

Dharwad to the Senior Civil Judge, Haliyal.

5. Respondent served unrepresented.

6. Heard the learned counsel for the petitioner.

7. A short question which arises for

consideration before this Court is, as to whether the

petitioner has made out grounds for withdrawal of

O.S.No.21/2017 and G and W 16/2017 pending on the

file of Family Court, Dharwad and transfer the same to

the Court of Senior Civil Judge, Haliyal.

8. The learned counsel for the petitioner

submitted that the petitioner has already filed the

Criminal Misc. No.207/2017 which is pending on the

file of Senior Civil Judge, Haliyal and the respondent is

required to appear in the said case.

9. The learned counsel further submitted that

after filing the Criminal Miscellaneous petition, the
5

respondent has filed the above suit and G and W

petition. The respondent has not chosen to oppose the

petition. The petitioner has produced copy of the

petition filed in Criminal Misc. No.207/2017, which is

pending on the file of Civil Judge and JMFC, Haliyal .

10. It is also made out that the petitioner is

residing in her parental house along with two children,

who are minors. Therefore, it is very inconvenient for

the petitioner to travel from Haliyal to Dharwad, in

order to appear before the Court in the cases filed by

the respondent, on each and every date of hearing.

11. Under these circumstances, it is necessary

for the convenience of the petitioner that the above

stated suit and petition in G and W 16/2017 are

required to be withdrawn from the Family Court,

Dharwad, and transfer to the

Court of Senior Civil Judge, Haliyal for disposal in

accordance with law. The point for consideration is
6

answered accordingly. In the result, this Court proceed

to pass the following:

ORDER

The Civil Petition filed under Section 24 of the

Code of Civil Procedure is allowed.

O.S.No.21/2017 and G and W 16/2017 pending

on the file of Family Court, Dharwad are withdrawn and

the same are transferred to the Court of Senior Civil

Judge, Haliyal for disposal according to law.

Sd/-

JUDGE

KGK

Leave a Reply

Your email address will not be published. Required fields are marked *

Copyright © 2020 SC and HC Judgments Online at MyNation
×

Free Legal Help, Just WhatsApp Away

MyNation HELP line

We are Not Lawyers, but No Lawyer will give you Advice like We do

Please read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registration  JOIN WELCOME GROUP HERE

We handle Women Centric biased laws like False Sectioin 498A IPC, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307, 312, 313, 323, 354, 376, 377, 406, 420, 497, 506, 509; TEP, RTI and many more…

MyNation FoundationMyNation FoundationMyNation Foundation