Karnataka High Court
Smt. Sumaya W/O Abdul Latif Sutar vs Abdul Latif S/O Khajasab Sutar on 28 February, 2024
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NC: 2024:KHC-D:4646
CP No. 100195 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 28TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE VIJAYKUMAR A.PATIL
CIVIL PETITION NO. 100195 OF 2023
BETWEEN:
SMT. SUMAYYA W/O. ABDUL LATIF SUTAR,
AGE ABOUT 23 YEARS,
OCC: HOUSEHOLD WORK AND STUDY,
R/O. BIJAPUR NOW AT-BARA IMAM GALLI,
WARD NO.9, JAMKHANDI,
TQ: JAMKHANDI, DIST: BAGALKOT-587301.
...PETITIONER
(BY SRI. ASHOK C. ANGADI, ADV. FOR
SRI. S. M. KALWAD, ADVOCATE)
AND:
ABDUL LATIF S/O. KHAJASAB SUTAR,
AGE: ABOUT 27 YEARS,
Digitally
signed by
OCC: LAB TECHNICIAN,
ROHAN
ROHAN HADIMANI R/O. HUDCO S. R. COLONY,
HADIMANI T
T Date:
2024.03.01
BIJAYPUR,
11:37:15
+0530 DIST: VIJAYAPURA-586101.
...RESPONDENT
(BY SRI. AHAMED ALI RAHIMANSHA, ADV. FOR RESPONDENT)
THIS CIVIL PETITION IS FILED U/SEC.24 OF CPC, PRAYING TO
PASS AN APPROPRIATE ORDER TO TRANSFER THE CASE IN OS NO.
33/2023 PENDING ON THE FILE OF PRL. JUDGE, FAMILY COURT,
VIJAYAPURA TO OF PRL. CIVIL JUDGE (SR. DN), JAMKHANDI, IN THE
INTEREST OF JUSTICE AND EQUITY.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE
COURT MADE THE FOLLOWING:
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NC: 2024:KHC-D:4646
CP No. 100195 of 2023
ORDER
This petition is filed by the petitioner/wife seeking
prayer to transfer O.S.No.33/2023 pending on the file of
Prl. Judge Family Court, Vijayapura to Prl. Civil Judge
(Sr.Dn) Jamakhandi.
2. Heard the arguments of learned counsel Shri.
Ashok C. Angadi for Shri. M.S. Kalawad learned counsels
appearing for petitioner and Shri.Ahamed Ali Rahimansha
learned counsel for respondent.
3. The petitioner is the legally wedded wife of the
respondent and their marriage was solemnized on
10.02.2019 as per customs prevailing in their family. It is
averred that the petitioner/wife has initiated proceedings
under Section 12 of the Protection of Women from
Domestic Violence Act 2005 by filing petition before the
Prl. Civil Judge (Sr. Dn) Jamakhandi which was numbered
as Crl.Misc No.112/2023. The said proceedings were
initiated for seeking maintenance against the
respondent/husband. During the pendency of the said
NC: 2024:KHC-D:4646
proceedings, the respondent/husband has filed
O.S.No.33/2023 pending on the file of Prl. Judge Family
Court, Vijayapura seeking prayer for judgment and decree
of Restitution of Conjugal Rights in favour of the
respondent against the petitioner herein. Taking note of
the nature of dispute between the parties, the distance
between the two Courts and also taking note of the fact
that the petitioner being the wife having minor child in her
custody out of the wedlock. It would be just and
appropriate to allow the petition. This Court taking note of
the law laid down by the Hon'ble Apex Court in the case of
Sumita singh Vs Kumar Sanjay and another reported
in (2001) 10 SCC 41 is of the considered view that the
petition deserves to be allowed.
4. Hence, the following:
ORDER
i. Above petition is allowed.
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ii. O.S. No.33/2023 pending on the
file of Prl. Judge Family Court,
Vijayapura is withdrawn from the
file of the said Court and made
over to the Prl. Civil Judge
(Sr.Dn) Jamakhandi for trial in
accordance with law.
Sd/-
JUDGE
RKM
