Karnataka High Court
Smt. Rajeshwari W/O Hanumanth Uppar vs Sri. Hanumanth S/O Ramappa Uppar on 7 November, 2024
-1-
NC: 2024:KHC-D:16306
CP No. 100184 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 7TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
CIVIL PETITION NO. 100184 OF 2024
BETWEEN:
SMT. RAJESHWARI
W/O HANUMANTH UPPAR,
AGE: 32 YEARS,
OCC: HOUSEHOLD WORK,
R/O: KALAKATTI,
TQ: SHIGGAON,
DIST: HAVERI-581 110.
...PETITIONER
(BY SRI. A.M. MALIPATIL, ADVOCATE)
AND:
SRI. HANUMANTH
S/O RAMAPPA UPPAR,
AGE: 40 YEARS,
OCC: PRIVATE WORK,
R/O: NEW GABBUR,
Digitally signed by
BHARATHI H M HUBBALLI,
Location: HIGH
BHARATHI COURT
KARNATAKA
OF DIST: DHARWAD-584 113.
HM DHARWAD
BENCH
Date: 2024.11.13
...RESPONDENT
10:53:55 +0530
(BY SRI. S.C. ANGADI, ADVOCATE)
THIS CIVIL PETITION IS FILED U/SEC.24 OF CPC,
PRAYING TO TRANSFER THE MATRIMONIAL CASE NO.293/2024
ON THE FILE OF THE PRINCIPAL FAMILY COURT AT HUBBALLI
TO THE COURT OF THE SENIOR CIVIL JUDGE AND JUDICIAL
MAGISTRATE FIRST CLASS, AT SHIGGAON, IN THE INTEREST
OF JUSTICE AND EQUITY.
THIS CIVIL PETITION IS COMING ON FOR ADMISSION,
THIS DAY, THE COURT MADE THE FOLLOWING:
-2-
NC: 2024:KHC-D:16306
CP No. 100184 of 2024
CORAM: THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
ORAL ORDER
The present petition is filed seeking transfer of MC
No.293/2024 pending on the file of the Prl. Family Court,
Hubballi to the Court of the Senior Civil Judge and JMFC.,
Shiggon.
2. The facts of the case are that the marriage
between the parties had taken place on 11.05.2013 at
Gurusiddeshwara Kalyanamantapa, Hubballi. In view of the
differences between the parties, on 19.06.2024, petitioner-
wife had filed MC No.48/2024 under Section 13(1)(ia) of
Hindu Marriage Act seeking divorce on the file of the Senior
Civil Judge and JMFC, Shiggaon. Thereafter, on 03.07.2024
husband has filed MC No.293/2024 on the file of the Prl.
Family Court, Hubballi under Section 9 of Hindu Marriage
Act. It is submitted that wife is residing in the village and the
distance between the place of wife to the place where the
matrimonial case filed by the husband is 70kms and it is
difficult for her to travel. Learned counsel also submits that
MC filed by the wife for Restitution of Conjugal Rights is
NC: 2024:KHC-D:16306
pending if that is also transferred to the same Court, it would
be in the interest of both the parties.
3. Learned counsel appearing for the respondent-
husband submits that his case is pending in the Prl. Family
Court, Hubballi. The distance is only 70 kms between
Hubballi and Shiggaon and the wife can travel easily. No
grounds are made out to transfer the MC No.293/2024 from
Prl. Family Court, Hubballi to the Senior Civil Judge and
JMFC, Court Shiggaon.
4. Having heard the learned counsel on either side,
perused the material on record. There is no dispute about
the fact that the wife has first filed the MC No.48/2024
seeking divorce. Thereafter, husband has filed matrimonial
case seeking Restitution of Conjugal rights. Both on the
ground of convenience of the wife and also to see that there
is no conflicting judgment, it is necessary that the
matrimonial case filed by the husband requires to be
transferred to the place where wife instituted the
proceedings and further considering the convenience of the
wife, this Court is passing the following:
NC: 2024:KHC-D:16306
ORDER
i. MC No.293/2024 pending on the file of Principal
Judge, Family Court, Hubballi is withdrawn and
the same is transferred to the Court of the
Senior Civil Judge and JMFC., Shiggon.
ii. Accordingly, Petition is allowed.
iii. All the pending IAs in this petition shall stand
closed.
Sd/-
JUSTICE LALITHA KANNEGANTI
HMB
CT:BCK
