Karnataka High Court
Smt. Priyanka W/O Sahadev Ghatanatti vs Sahadevi S/O Appasab Ghatanatti on 21 October, 2024
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NC: 2024:KHC-D:15027
CP No. 100061 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 21ST DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
CIVIL PETITION NO. 100061 OF 2023
BETWEEN:
SMT. PRIYANKA
W/O SAHADEV GHATANATTI,
AGE: 28 YEARS, OCC: HOUSEHOLD WORK,
R/O: TEVARATTI, TQ: ATHANI,
DIST: BELAGAVI-591 232,NOW AT: C/O RAMAPPA
S/O ADIVEPPA PUJARI, R/O: KAKAMARI, TQ: ATHANI,
DIST: BELAGAVI-591 265.
...PETITIONER
(BY SRI. GIRISH.A.YADWAD., ADVOCATE)
AND:
SAHADEV S/O APPASAB GHATANATTI,
AGE: 35 YEARS, OCC: SERVICE,
R/O: TEVARATTI, TQ: ATHANI,DIST: BELAGAVI-591 232,
NOW AT: POLICE WIRELESS DEPARTMENT, MANGALURU,
DIST: DAKSHINA KANNADA-575 008.
Digitally signed
by BHARATHI H ...RESPONDENT
M
Location: HIGH
(RESPONDENT SERVED AND UNREPRESENTED)
COURT OF
KARNATAKA
DHARWAD
BENCH THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CPC,
Date: 2024.10.24
11:29:56 +0530
PRAYING TO WITHDRAW AND TRANSFER MC NO.188/2022 PENDING
ON THE FILE OF THE PRINCIPAL JUDGE, FAMILY COURT, DAKSHINA
KANNADA, MANGALURU TO THE COURT OF THE PRINCIPAL SENIOR
CIVIL JUDGE, ATHANI, IN THE INTEREST OF JUSTICE AND EQUITY.
THIS CIVIL PETITION IS COMING ON FOR ADMISSION, THIS
DAY, THE COURT MADE THE FOLLOWING:
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NC: 2024:KHC-D:15027
CP No. 100061 of 2023
CORAM: THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
ORAL ORDER
This petition is filed by petitioner-wife seeking transfer of
M.C.No.188/2022 pending on file of Prl.Judge Family Court,
Dakshina Kannada, Mangaluru to Prl. Senior Civil Judge, Athani.
2. Sri. Girish A Yadwad, learned counsel for the
petitioner submits that marriage of the petitioner and the
respondent was solemnized on 21.02.2019 at Tevaratti Village
in Athani Taluk. Thereafter, she led marital life with
respondent-husband. However, due to ill-treatment, she was
constrained to reside at her parental house at Kakamari village,
Athani Taluka. The petitioner-wife had filed
Crl.Misc.No.41/2022 before the Prl. Civil Judge and JMFC,
Athani under Section 12 of the Domestic Violence Act. The
distance between resident of the petitioner and the Court at
Mangaluru is around 550 Kms. She being a woman is finding
difficult to travel all the way to contest the matter. Hence, it is
submitted that pending matrimonial case may be transferred to
Mangaluru.
NC: 2024:KHC-D:15027
3. Heard learned counsel for the petitioner. Though,
respondent is served, remained unrepresented. Perused the
entire material on record.
4. Hon'ble Apex Court in the case of Sumita Singh
V/s Kumar Sanjay and another1 had taken the view that in
matrimonial matters, normally matters have to be tried at the
place where the wife is residing.
5. In the light of law laid down by the Hon'ble Apex
Court in the above cited judgment, this Court is passing the
following:
ORDER
i. Proceedings in M.C.No.188/2022 pending on
the file of Prl. Judge Family Court, Dakshina Kannada,
Mangaluru is withdrawn and transferred to the Prl.
Senior Civil Judge, Athani.
ii. Accordingly, petition is allowed.
Sd/-
JUSTICE LALITHA KANNEGANTI
AIR 2001 SCC 41
