Karnataka High Court
Shail @ Girija W/O. Mahadev Morennavar vs Mahadev S/O. Shivaji Morennavar on 18 August, 2014
:1:
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 18TH DAY OF AUGUST 2014
BEFORE
THE HON'BLE MR. JUSTICE H.BILLAPPA
CIVIL PETITION NO.100017/2014
BETWEEN
SMT.SHAIL @ GIRIJA
W/O.MAHADEV MORENNAVAR
AGE: 27 YEARS, OCC: HOUSEHOLD
C/O. MAHADEV SADASHIV JADHAV
R/O.TADKOD, DHARWAD
... PETITIONER
(BY SRI.VENKATESH M.KHARVI, ADVOCATE)
AND
SHRI MAHADEV S/O.SHIVAJI MORENNAVAR
AGE: 32 YEARS, OCC: AGRICULTURE
R/O. DODWAD, TQ: BAILHONGAL
DIST: BELGAUM
... RESPONDENT
(BY SRI.P.G.CHIKKANARAGUND, ADVOCATE)
THIS CIVIL PETITON IS FILED UNDER SECTION 24 OF
CPC, PRAYING TO TRANSFER THE MC.NO.19/2013 ON THE
FILE OF THE SENIOR CIVIL JUIDGE BAILHONGAL TO
DISTRICT FAMILY COURT DHARWAD IN CRLMISC.80/2013,
IN THE INTEREST OF JUSTICE AND EQUITY.
:2:
THIS PETITION COMING ON FOR ADMISSION THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner has filed this petition under Section 24 of the CPC praying for transfer of M.C.No.19/2013 which is pending on the file of the Senior Civil Judge, Bailhongal to the Family Court at Dharwad.
2. It is stated, the marriage between the petitioner and the respondent was solemnized on 24.04.2006 at Madivaleshwar Temple, Dodwad. The petitioner and the respondent lived together for two years. They have a son by name Manjunath and a daughter by name Sanjana. The petitioner was suffering from HIV positive. Now she is completely cured. The respondent has taken second wife by name Nagavva. The petitioner has filed Crl.Misc.No.80/2013 for maintenance. It is pending on the file of the Family Court at Dharwad. The complaint filed by the petitioner is pending at Dharwad in P.C.NO.364/2013. The respondent :3: has filed petition for divorce at Bailhongal in M.C.No.19/2013. It is difficult for the petitioner to travel to Bailhongal every time to attend the case. Therefore. M.C.No.19/2013 may be transferred to the Family Court at Dharwad.
3. The learned counsel for the petitioner contended that the petitioner is staying at Tadkod and she has two minor children and it is difficult for the petitioner to travel to Bailhongal every time to attend the case. Further, he submitted that the cases filed by the petitioner are pending at Dharwad. Therefore, M.C.No.13/2013 may be transferred to the Family Court at Dharwad.
4. As against this, the learned counsel for the respondent submitted that the respondent is an agriculturist and resident of Dodwad village. It is difficult for the respondent to travel to Dharwad every time to attend the case. The respondent is ready to pay travelling :4: expenses to the petitioner. Therefore, the petition may be dismissed.
5. I have carefully considered the submissions made by the learned counsel for the parties.
6. It is relevant to note, the marriage between the petitioner and the respondent was solemnized on 24.04.2006 at Madivaleshwar Temple, Dodwad. The parties have lived together for two years. They have two chidren. They are staying with the petitioner. The petitioner has filed maintenance case at Dharwad. Criminal case is also pending at Dharwad. The respondent has filed divorce petition at Bailhongal. The petitioner is without any means. She has two minor children. The cases are pending at Dharwad. Therefore, it is proper to transfer M.C.No.19/2013 to the Family Court at Dahrwad.
7. Accordingly, the Civil Petition is allowed and M.C.No.19/2013 which is pending on the file of the Senior :5: Civil Judge, Bailhongal is transferred to the Family Court at Dahrwad. The Senior Civil Judge, Bailhongal shall send the records to the Family Court at Dharwad within four weeks from the date of receipt of a copy of this order. Thereafter, the Family Court at Dharwad shall dispose of the matter on merits.
Sd/-
JUDGE Vnp*