Karnataka High Court
Smt. Komala W/O Umesh Kalidas vs Umesh Kalidas S/O Kalidas on 5 August, 2025
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NC: 2025:KHC-D:9774
CP No. 100081 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 05TH DAY OF AUGUST, 2025
BEFORE
THE HON'BLE MR. JUSTICE G BASAVARAJA
CIVIL PETITION NO. 100081 OF 2025
BETWEEN:
SMT. KOMALA W/O. UMESH KALIDAS
BEFORE MARRIAGE KNOW AS
KOMAL R. PILLE,
AGE: ABOUT 22 YEARS, OCC: HOME MAKER,
R/O. #1346, S.M. KRISHNA NAGAR,
OLD-HUBBALLI, HUBBALLI
DISTRICT DHARWAD-580024.
...PETITIONER
(BY SRI SACHIN C. ANGADI, ADVOCATE.)
AND:
UMESH KALIDAS S/O. KALIDAS
AGE: ABOUT 27 YEARS,
Digitally signed by
MALLIKARJUN
OCC: CONTRACTOR,
RUDRAYYA
KALMATH R/O. WARD NO.5, MUNDRIGI VILLAGE
Location: HIGH
COURT OF
KARNATAKA
BALLARI TALUK, DISTRICT BALLARI
DHARWAD BENCH
Date: 2025.08.07 PIN CODE 583102.
11:28:33 +0530
...RESPONDENT
(NOTICE SERVED.)
THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF THE
CIVIL PROCEDURE CODE, 1908, PRAYING TO TRANSFER
M.C.NO.04/2025, PENDING BEFORE THE PRINCIPAL JUDGE FAMILY
COURT, BALLARI, TO THE PRINCIPAL JUDGE, FAMILY COURT,
HUBBALLI IN THE INTEREST OF JUSTICE AND ETC.,.
THIS PETITION COMING ON FOR ADMISSION THIS DAY,
ORDER IS PASSED THEREIN AS UNDER.
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CP No. 100081 of 2025
HC-KAR
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE G BASAVARAJA)
Learned counsel for the petitioner is present. Though
notice issued to the respondent is served, he remained
absent and unrepresented.
2. Heard the learned counsel for petitioner.
3. This petition is filed by the petitioner under
section 24 of the Code of Civil Procedure, 1908, seeking to
transfer M.C.No.4/2025, pending on the file of Principal
Judge, Family Court, Ballari, to the Court of Principal
Judge, Family Court, Hubballi, on the following grounds.
i) It is submitted that the cause title of
the M.C.04/2025 pending before the Principal
Judge Family Court, Ballari, petition is reveals
that the petitioner-wife is residing at Hubballi,
hence be pleased allow the above petition and
transfer to the Prl. Judge Family Court, Hubballi.
ii) It is submitted that petitioner-wife, is
residing at Hubballi, and travelling from Hubballi
to Ballari, which is about nearly more than 210
KM one side, 420 KM up and down and could
cause serious inconvenience and furthermore
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HC-KAR
petitioner states that there is apprehension of
danger to life and limb of herself.
iii) It is submitted that the wife has filed
the Crl. Misc.62/2024 petition under section 125
Cr.P.C., against the husband same is allowed on
18/06/2024 and now the wife has initiated the
recovery proceedings against the husband
bearing case no.73/2025 hence be pleased to
allow the petition.
iv) It is submitted that the petitioner is
relying on the supreme court judgment in NCV
Aishwarya vs AS Saravana Karthik Sha,
which is reported at 2022 LiveLaw (SC)
627, in para no. 9
v) The cardinal principle for exercise of
power under Section 24 of the Code of Civil
Procedure is that the ends of justice should
demand the transfer of the suit, appeal or other
proceeding. In matrimonial matters, wherever
Courts are called upon to consider the plea of
transfer, the Courts have to take into
consideration the economic soundness of both
the parties, the social strata of the spouses and
their behavioural pattern, their standard of life
prior to the marriage and subsequent thereto
and the circumstances of both the parties in
eking out their livelihood and under whose
protective umbrella they are seeking their
sustenance to life. Given the prevailing
socioeconomic paradigm in the Indian society,
generally, it is the wife's convenience which
must be looked at while considering transfer.
Hence be pleased to consider this
judgment and be pleased to allow the civil
petition in the interest of justice.
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HC-KAR
4. To substantiate her contentions, the petitioner
has produced copy of the petition filed by her husband in
Ballari Court, under Section 9 of the Hindu Marriage Act,
for restitution of conjugal rights in M.C.No.4/2025 and also
the order sheet thereof. The petitioner has also produced
copy of petition filed by her under Section 128 of Cr.P.C.,
in Crl.Misc.No.73/2025, at Hubballi Court.
5. There are no materials to discard the grounds
urged by the petitioner in the petition. Accepting the
reasons assigned in the petition, I proceed to pass the
following:
ORDER
i) The petition filed under section 24 of
CPC is allowed.
ii) M.C.No.4/2025 pending on the file of
Principal Judge, Family Court, Ballari, shall be
transferred to the Court of Principal Judge,
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HC-KAR
Family Court, Hubballi, for disposal in
accordance with law.
iii) Registry to send a copy of this order
to the respondent/husband through RPAD.
iv) Registry to send a copy of this order
to both the Courts for taking necessary action.
Sd/-
(G BASAVARAJA)
JUDGE
MRK
Ct-CMU
