Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 3, Cited by 0]

Karnataka High Court

Sindhu W/O Shrideep Dambal vs Shrideep S/O Chandrashekar Dambal on 21 February, 2026

Author: Hanchate Sanjeevkumar

Bench: Hanchate Sanjeevkumar

                                                  -1-
                                                              NC: 2026:KHC-D:2796
                                                            CP No. 100231 of 2025


                        HC-KAR




                    IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
                      DATED THIS THE 21ST DAY OF FEBRUARY, 2026
                                           BEFORE
                   THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR
                           CIVIL PETITION NO.100231 OF 2025
                        BETWEEN:

                        SINDHU W/O. SHRIDEEP DAMBAL,
                        AGE: 32 YEARS, OCC: PRIVATE SERVICE,
                        R/O. C/O. #256, RENUKA NILAYA,
                        PUMP HOUSE ROAD, SHANKRAPPA LAYOUT,
                        TIPTUR-575201, TQ. & DIST. TUMKUR.
                                                                      ...PETITIONER
                        (BY SRI C. S. SHETTAR AND
                        SMT. KAVYA C. SHETTAR, ADVOCATES)

                        AND:

                        SHRIDEEP S/O. CHANDRASHEKAR DAMBAL,
                        AGE: 37 YEARS, OCC: PRIVATE JOB,
                        R/O. NO.SHESHAGIRI BUILDING,
                        OPP. GANESH TEMPLE, J. T. COLLEGE ROAD,
Digitally signed
by
                        GADAG-582101, TQ/DIST. GADAG.
MALLIKARJUN
RUDRAYYA
KALMATH                                                             ...RESPONDENT
Location: High
Court of
Karnataka,
Dharwad Bench
                        (NOTICE TO RESPONDENT SERVED)

                             THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF THE
                        CODE OF CIVIL PROCEDURE, PRAYING TO ALLOW THIS CIVIL
                        PETITION BY TRANSFERRING THE CASE IN M.C.NO.133/2025
                        PENDING ON THE FILE OF THE PRINCIPAL JUDGE FAMILY COURT
                        AT: GADAG TO SENIOR CIVIL JUDGE AND JMFC., TIPTUR FOR
                        PROPER ADJUDICATION OF THE MATTER IN THE INTEREST OF
                        JUSTICE AND EQUITY.

                            THIS PETITION COMING ON FOR ADMISSION, THIS DAY
                        ORDER WAS MADE THEREIN AS UNDER:
                                    -2-
                                                   NC: 2026:KHC-D:2796
                                             CP No. 100231 of 2025


    HC-KAR




                               ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) Though the case is listed for admission, with the consent of the learned counsel for the petitioner, it is taken up for final disposal.

2. This petition is filed under Section 24 of the Code of Civil Procedure, 19081, praying to transfer M.C.No.133/2025, pending on the file of Principal Family Court, Gadag, to the Court of Senior Civil Judge and JMFC, Tiptur.

3. Heard the learned counsel appearing for the petitioner and perused the material available on record.

4. Though the notice of this petition was served on the respondent, he remained absent.

5. The parties to the proceedings do not dispute that the marriage between the petitioner and the respondent was solemnized on 15.05.2019.

6. The pleadings and material available on record indicates that the petitioner/wife has filed Crl.Misc.No.118/2025 1 For short, 'CPC' -3- NC: 2026:KHC-D:2796 CP No. 100231 of 2025 HC-KAR under Section 144 of Bharatiya Nagarik Suraksha Sanhita, 2023, pending on the file of Senior Civil Judge and JMFC, Tiptur, seeking monthly maintenance of Rs.50,000/-.

7. Similarly, the respondent/husband has filed a petition in M.C.No.133/2025 under Section 13(1)(ia)(ib) of the Hindu Marriage Act, 19552, seeking dissolution of marriage, and the said proceeding is pending before the Principal Family Court, Gadag.

8. The material available on record further indicates that the respondent/husband is a software engineer and is earning sufficient income. The petitioner is residing with her parents at Tiptur and has no independent source of income to travel and to attend the proceedings before the Gadag Court, where the respondent/husband has initiated proceedings under Section 13(1)(ia)(ib) of the Act of 1955, seeking dissolution of marriage. It is further stated that the petitioner has one minor son aged about 2 years 10 months; therefore, it is very difficult for her to travel to Gadag and attend the proceedings before the Gadag Court.

2 Hereinafter referred to as the 'Act of 1955' -4- NC: 2026:KHC-D:2796 CP No. 100231 of 2025 HC-KAR

9. This Court, taking note of the likely inconvenience to the petitioner and the fact that she has no independent source of income to travel to Gadag, is of the considered view that it would be just and appropriate to transfer M.C No.133/2025 pending on the file of Principal Family Court, Gadag, to the Court Senior Civil Judge and JMFC, Tiptur.

10. Hence, I proceed to pass the following order.

ORDER i. The petition is allowed;

ii. M.C.No.133/2025, pending on the file of Principal Judge Family Court, Gadag, to the Court of Senior Civil Judge and JMFC, Tiptur, for trial in accordance with law.

iii. No order as to cost.

Sd/-

(HANCHATE SANJEEVKUMAR) JUDGE PMP /CT-AN List No.: 1 Sl No.: 52