Karnataka High Court
Shashikala W/O Irangouda Patil vs Irangoudda S/O Govindgouda Patil on 4 November, 2024
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NC: 2024:KHC-D:16065
CP No. 100196 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 4TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
CIVIL PETITION NO.100196 OF 2024
BETWEEN:
SHASHIKALA,
W/O IRANGOUDA PATIL,
AGE: ABOUT 25 YEARS,
OCC: PRIVATE WORK,
R/O: HIREMARALHALLI VILLAGE,
TQ: SAVANURU, DIST: HAVERI,
PIN-581 118, NOW AT: PRESENT
DWANI SWDHAR GRUHA,
SHIVAJI NAGAR 3RD CROSS,
TQ: DIST: HAVERI-581 112.
...PETITIONER
(BY SRI. PRAKASH BADIGER, ADVOCATE)
AND:
Digitally signed
by BHARATHI H
M
Location: HIGH
IRANGOUDDA,
BHARATHI COURT OF
HM KARNATAKA
DHARWAD
S/O GOVINDGOUDA PATIL,
BENCH
Date: 2024.11.06 AGE: 27 YEARS, OCC: COOLIE,
11:28:50 +0530
R/O: NAVEBHAVANURU VILLAGE,
TQ: SHIRAHATTI, DIST: GADAG,
PIN-582 120.
...RESPONDENT
THIS CIVIL PETITION IS FILED U/SEC.24 OF CPC,
PRAYING TO TRANSFER M.C.52/2024 PENDING BEFORE
SENIOR CIVIL JUDGE AND JMFC LAXMESHWAR TO FAMILY
COURT, HAVERI.
THIS CIVIL PETITION IS COMING ON FOR ORDERS, THIS
DAY, THE COURT MADE THE FOLLOWING:
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NC: 2024:KHC-D:16065
CP No. 100196 of 2024
CORAM: THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
ORAL ORDER
The present petition is filed seeking transfer of M.C. No.52/2024 on the file of Senior Civil Judge and JMFC, Laxmeshwar, to the Family Court, Haveri.
2. The facts of the case are that, the marriage between the petitioner and the respondent took place on 31.03.2016 at Navebhavanur Village of Shirahatti Taluk in Gadag District. It is the case of the wife that due to harassment meted out by the family of the respondent, she had moved out of the matrimonial home. Thereafter, she had filed Crl.Misc. No.132/2018 before the Civil Judge and JMFC, Haveri, seeking maintenance which came to be allowed by the Court directing the respondent to pay maintenance amount of Rs.3,000/- per month. The petitioner has also filed a petition under Sections 26(1) and (2) of the Protection of Women from Domestic Violence Act, 2005 ('DV Act') before the Principal Civil Court, Haveri. The respondent failed to appear before the Court, and the Court issued FLW to the respondent. Thereafter, the respondent/husband has filed M.C. No.52/2024 before the Senior Civil Judge and JMFC, Laxmeshwar, seeking divorce. It is stated by the petitioner/wife that there is threat to -3- NC: 2024:KHC-D:16065 CP No. 100196 of 2024 her life and it is very difficult for her to attend the Court on each date of hearing. It is also her case that the distance between Laxmeshwar and Haveri is more than 50 kms., her father and mother are not in a position to support her, she is having health issues and cannot travel alone in the bus. Hence, the petitioner seeks transfer of M.C. No.52/2024 from the Court Senior Civil Judge and JMFC, Laxmeshwar, to the Family Court at Haveri.
3. Learned counsel appearing for the petitioner-wife submits that, already the petition in Crl. Misc.132/2018 is allowed, and even in the case filed under the provisions of DV Act, the Court has issued FLW against the respondent/husband. He submits that since the case is pending at Haveri, and considering the financial condition of the petitioner/wife, this Court may transfer the case in M.C. No.52/2024 transfer from the Senior Civil Judge and JMFC Court, Laxmeshwar to the Family Court at Haveri.
4. As per the office note, it is seen that the respondent has refused to receive the notice sent by this Court, and that amounts to deemed service of notice on the respondent. -4-
NC: 2024:KHC-D:16065 CP No. 100196 of 2024
5. Having heard the learned counsel for petitioner, perused the material on record.
6. The petitioner-wife had instituted a criminal miscellaneous case before the Court at Haveri seeking maintenance and that is already allowed. In another case instituted by the petitioner-wife before the Court at Haveri, under the provisions of DV Act, the Court has issued FLW. Considering the fact that already one matter is pending before the Court at Haveri, and considering the inconvenience that is being caused to the wife, this Court deems it appropriate to pass the following:
ORDER
i) M.C. No.52/2024 pending on the file of Senior Civil Judge & JMFC, Laxmeshwar, is withdrawn and transferred to the Family Court, Haveri.
ii) Accordingly, the transfer petition is allowed.
iii) Pending I.As., if any, are closed.
Sd/-
JUSTICE LALITHA KANNEGANTI KMS CT:BCK LIST NO.: 1 SL NO.: 25