IN THE HIGH COURT OF KARNATAKA
DATED THIS THE 26th DAY OF JULY 2019
THE HON’BLE MR.JUSTICE P.G.M. PATIL
SMT.SHAMSHAD W/O MOHAMMAED JAFAR SHAIKH,
AGE: 26 YEARS, OCC: HOUEHOLD,
R/O: C/O SRI.MAHABUBSAB SUBANI
KHAJI GALLI, HALIYAL,
TQ: HALIYAL (U.K.)-581329.
(By SRI. M M NAIKWADI, ADV.)
SMT.MOHAMMAED JAFAR S/O RAJESAB SHAIKH
AGE: 33 YEARS, OCC: CENTRING AND GOUNDI WORK,
R/O: KAKARGALLI, DHARWAD,
TQ DIST: DHARWAD-580001.
(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:-
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,
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.
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
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
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
answered accordingly. In the result, this Court proceed
to pass the following:
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.