Smt. Geeta W/O. Ravi Pedesur vs Sri. Ravi S/O. Venkappa Padesur
2022 Latest Caselaw 11380 Kant

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                                                               CP No. 100132 of 2021


                       IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                              DATED THIS THE 16TH DAY OF AUGUST, 2022

                                                 BEFORE
                               THE HON'BLE MR JUSTICE ASHOK S. KINAGI
                                 CIVIL PETITION NO. 100132 OF 2021 (-)
                       BETWEEN:

                       SMT. GEETA W/O. RAVI PEDESUR
                       AGE. 28 YEARS, OCC. HOUSEHOLD WORK,
                       PRESENTLY R/O. C/O. BASAVARAJ BABAJI,
                       JOSHI PLOT - BEHIND COURT BUILDING,
                       NAVALGUND 582208, DIST. DHARWAD.

                                                                        ...PETITIONER

                       (BY SRI. B V SOMAPUR.,ADVOCATE)

                       AND:

                       SRI. RAVI S/O. VENKAPPA PADESUR
                       AGE. 36 YEARS, OCC. GOVERNMENT PRIMARY SCHOOL
                       TEACHER, R/O. NEAR K H PATIL STADIUM,
                       GADAG 582101. TQ. AND DIST. GADAG.

                                                                       ...RESPONDENT
ANNAPURNA
CHINNAPPA              (RESPONDENT SERVED)
DANDAGAL

Digitally signed by           THIS CIVIL PETITION IS FILED U/SEC.24 OF CPC, PRAYING
ANNAPURNA
CHINNAPPA
DANDAGAL
Location: HIGH COURT
OF KARNATAKA,
                       THAT, THE M.C. NO. 143/2018 FILED BY THE RESPONDENT WHICH
DHARWAD BENCH,
DHARWAD

                       IS PENDING ON THE FILE OF PRL.FAMILY COURT, GADAG, MAY
                       PLEASE BE WITHDRAWN AND THE SAME BE TRANSFERRED TO THE
                       HONBLE SENIOR CIVIL COURT, NAVALGUND FOR HEARING, IN THE
                       INTEREST OF JUSTICE AND EQUITY.

                              THIS CIVIL PETITION COMING ON FOR ADMISSION THIS DAY.
                       THE COURT MADE/DELIVERED THE FOLLOWING.
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                                     CP No. 100132 of 2021


                          ORDER

This civil petition is filed under Section 24 of CPC

praying to transfer M.C.No.143/2018 from Principal Family

Court, Gadag to the court of Senior Civil Court, Navalgund.

2. Brief facts leading to the filing of this civil

petition are as under:

The marriage of the petitioner and respondent took

place at Gadag in the year 2016. The petitioner gave birth

to a female child. It alleged that respondent and his

family members started ill-treating the petitioner and

thereafter respondent driven her out from the matrimonial

home. The petitioner filed Crl.Misc.No.197/2018 seeking

maintenance for herself and for her daughter, which is

pending consideration before the Civil Judge and JMFC,

Navalgund. As a counter blast, the respondent filed

divorce petition in M.C.No.143/2018. The respondent

obtained ex-parte decree of divorce against the petitioner.

Immediately, the petitioner filed Civil Misc.No.1/2019 and

the Family Court, Gadag allowed the petition and restored

CP No. 100132 of 2021

M.C.No.143/2018. Hence, the petitioner has filed this civil

petition seeking transfer of M.C.No.143/2018 from

Principal Family Court, Gadag to the court of Senior Civil

Court, Navalgund.

3. Heard the learned counsel for the petitioner.

Though notice was served to the respondent, none

appears for the respondent.

4. Learned counsel for the petitioner submits that

respondent filed M.C.No.143/2018 before the Principal

Family Court, Gadag for dissolution of marriage. He

submits that petitioner has also filed Crl.Misc.No.197/2018

before the Civil Judge & JMFC, Navalgund seeking

maintenance and the respondent has appeared in the said

case. He submits that petitioner being a lady cannot travel

to Gadag without the assistance of third person. He

submits that petitioner has no income to maintain her day-

to-day life and the distance between Navalgund to Gadag

is 60-70 kms. Hence, on these ground he prays to allow

the petition.

CP No. 100132 of 2021

5. Heard, perused the records and considered the

submission of the learned counsel for the petitioner.

6. It is not in dispute that petitioner being a lady

cannot travel without the assistance of third person. The

petitioner has no income to maintain her day-to-day life.

The distance between Navalgund to Gadag is 60-70 kms

and the respondent has not provided any maintenance to

the petitioner. Further, the petition has to be presented

where the wife resides. Hon'ble Apex Court in the case of

N.C.V.Aishwarya vs. A.S.Saravana Karthik Sha

reported in 2022 LiveLaw (SC) 627, held that cardinal

principle for exercise of power under Section 24 CPC is

that the ends of justice should demand the transfer of the

suit, appeal or other proceeding. It is further held that,

when two or more proceedings are pending in different

courts between the same parties which raise common

question of fact and law, and when the decisions in the

cases are interdependent, it is desirable that they should

be tried together by the same Judge so as to avoid

CP No. 100132 of 2021

multiplicity in trial of the same issues and conflict of

decisions. Considering the law laid down by the Hon'ble

Apex Court in the aforesaid judgment and also the facts

and circumstances of the present case, the petition is

liable to be allowed. Accordingly, I proceed to pass the

following:

ORDER

The civil petition is allowed.

The petition filed by the respondent in M.C.No.143/2018 on the file of the Principal Family Court, Gadag is withdrawn and the same is transferred to the court of Senior Civil Court, Navalgund.

The Principal Family Court, Gadag is directed to transmit the records to the court of Senior Civil Court, Navalgund.

The Senior Civil Court, Navalgund after receipt of the records issue notice to the parties.

SD/-

JUDGE

MBS