Smt.Geeta W/O Rangappa vs Shri.Rangappa @ Ranganath on 6 October, 2020

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Karnataka High Court

Smt.Geeta W/O Rangappa vs Shri.Rangappa @ Ranganath on 6 October, 2020

Bench: Hemant Chandangoudar

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          IN THE HIGH COURT OF KARNATAKA
                   DHARWAD BENCH

          Dated this the 6th day of October 2020

                         Before

 THE HON'BLE MR. JUSTICE HEMANT CHANDANAGOUDAR

             Civil Petition No.100040 of 2020

BETWEEN

SMT.GEETA, W/O RANGAPPA
@ RANGANATH CHALAWADI
AGE:34 YEARS, OCC: HOUSEHOLD WORK
R/O: KATAGUR
NOW C/O. CHANDRASHEKHAR N. DHAVALAGI
H.NO.513,"SHASHIDEEP"
NIVAS, NEAR MAHABHALESHWAR TEMPLE,
SAHYADRI NAGAR, BELAGAVI,
TQ & DIST: BELAGAVI 591108.                     ...PETITIONER

(BY SRI. MAHANTESH R PATIL, ADVOCATE)

AND

SHRI.RANGAPPA @ RANGANATH
S/O CHANDAPPA CHALAWADI
AGE:47 YEARS, OCC EX-ARMY SERVICE,
R/O: KATAGUR, TQ: HUNGUND,
DIST: BAGALKOT-587 207.                     ...RESPONDENT

(RESPONDENT - SERVED)

     THIS CIVIL PETITON IS FILED UNDER SECTION 24 OF
CPC, PRAYING TO TRANSFER THE M.C.NO.24/2019 PENDING
ON THE FILE OF SENIOR CIVIL JUDGE AND JUDICIAL
MAGISTRATE FIRST CLASS, HUNGUND BAGALKOT TO FAMILY
COURT, BELAGAVI, IN THE INTEREST OF JUSTICE AND
EQUITY.

      THIS CIVIL PETITION COMING ON FOR ADMISSION THIS
DAY, THE COURT MADE THE FOLLOWING:
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                           ORDER

The petitioner has filed this petition seeking withdrawal of M.C. No.24 of 2019, a petition filed under Section 13(1)(ia) & (ib) of the Hindu Marriage Act, 1955 (for short, 'the Act'), pending on the file of the Senior Civil Judge and JMFC, Hungund, and to transfer the same to the Family Court at Belagavi.

2. The petitioner states that her marriage with the respondent was solemnized on 08.06.2003 and she is the legally wedded wife of the respondent, and because of the harassment meted out to her by her husband demanding dowry, she was forced to leave the matrimonial home at Kamatagi Village, Bagalkot District, and at present she is residing at her parental house in Belagavi. The respondent has filed a petition under Section 13(1)(ia) & (ib) of the Act, pending on the file of the Senior Civil Judge and JMFC, Hungund, Bagalkot.

3. The petitioner states that it is very difficult for her to travel from Belagavi to Hungund which is more 3 than 190 kms. She further states that her difficulty to travel has been aggravated as she has to take care of her minor son.

4. The respondent, though served with the notice of this petition, has remained absent. Hence, it is presumed that he has no objection for withdrawing Matrimonial Case No.24 of 2019 pending on the file of the Senior Civil Judge and JMFC, Hungund, and transferring the same to the Family Court at Belagavi.

Accordingly, the civil petition is allowed. The matrimonial case in M.C. No.24 of 2019 pending on the file of the Senior Civil Judge and JMFC, Hungund, is withdrawn and the same is transferred to the Family Court at Belagavi, to dispose of the petition after notifying the parties or their counsels.

SD/-

JUDGE Kms

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