Karnataka High Court
Geeta Kom Manjunath Kusur vs Shri Manjunath S/O Mahadev Kusoor on 19 August, 2025
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NC: 2025:KHC-D:10442
CP No. 100119 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 19TH DAY OF AUGUST, 2025
BEFORE
THE HON'BLE MR. JUSTICE G BASAVARAJA
CIVIL PETITION NO. 100119 OF 2025
BETWEEN:
GEETA KOM MANJUNATH KUSUR
D/O. CHANDRAKANT Y. UNAKALLA
AGE: 29 YEARS, OCC: ADVOCATE
R/O. SHIVAJI CIRCLE, CHIGALLI,
TQ. MUNDAGOD, DIST. UTTARA KANNADA
NOW AT HOUSE NO. PID 29-248
NEAR ROSY ROSHINI FLOOR MILL,
OPP TO KHADI GROMODYOGA,
GOPANAKOPPA ROAD, BENGERI, HUBBALLI,
TQ. HUBBALLI, DIST. DHARWAD-580023.
...PETITIONER
(BY SRI VINAYKUMAR M. SHETTY, ADVOCATE.)
AND:
Digitally signed by SHRI MANJUNATH S/O. MAHADEV KUSOOR
MALLIKARJUN
RUDRAYYA
KALMATH
AGE: 33 YEARS, OCC: ADVOCATE,
Location: HIGH
COURT OF R/O. CHIGALLI, TQ. MUNDAGOD,
KARNATAKA
DHARWAD BENCH
Date: 2025.08.20
DIST. UTTARA KANNADA-581349.
10:42:03 +0530
...RESPONDENT
(NOTICE SERVED TO RESPONDENT.)
THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF THE
CIVIL PROCEDURE CODE, 1908, PRAYING TO TRANSFER
M.C.NO.02/2025, PENDING ON THE FILE OF SENIOR CIVIL JUDGE
AND PRINCIPAL JUDICIAL MAGISTRATE FIRST CLASS COURT,
YALLAPUR, TO THE PRINCIPAL FAMILY COURT, HUBBALLI, IN THE
INTEREST OF JUSTICE.
THIS PETITION COMING ON FOR ADMISSION THIS DAY,
ORDER IS MADE THEREIN AS UNDER:
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CP No. 100119 of 2025
HC-KAR
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE G BASAVARAJA)
Heard the learned counsel for petitioner.
2. This petition is filed by the petitioner under
section 24 of the Code of Civil Procedure, 1908, seeking to
transfer M.C.No.2/2025, pending on the file of Senior Civil
Judge and Principal JMFC Court, Yallapur, to the Court of
Principal Judge, Family Court, Hubballi, on the following
grounds.
"11. It is submitted that the cause title of
the MC 02/2025 petition reveals that the
petitioner-wife residing at Hubli, hence be
pleased allow the above petition and transfer to
the Prl. Family Court, Hubli.
12. It is submitted that petitioner-wife
and her child travelling from Hubli to Yallapur
Court to attend the divorce petition filed by
respondent (Husband), which is about nearly
more than 70 KM one side, 140 KM up and
down which could cause serious inconvenience
and furthermore she states that there is
apprehension of danger to life and limb of
herself and her family members.
13. It is submitted that the petitioner is
relying on the Supreme Court judgment NCV
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Aishwarya vs AS Saravana Karthik Sha which is
reported at 2022 Live Law (SC) 627, in par no.
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.
14. It is submitted that the co-ordinate
judgment in Civil Petition No.100081/2024
(Dharwad Bench) observed that,
Section 19 of the Hindu Marriage
Act, 1955 contemplates, filing of the
petition for divorce in the Court within
whose jurisdiction the respondent
resides In the instant case, the
petitioner-wife being the resident of
Sirsi, the marriage having been
conducted at Sirsi, and the distance
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between Bengaluru and Sirsi being 450
kilometers, it is just and proper that
the petition filed by the respondent-
husband in M.C.No.7637/2023 on the
file of the Principal Judge, Family
Court, Bengaluru be withdrawn and
presented before the Senior Civil
Judge, Sirsi.
Hence be pleased to consider this above
mentioned judgments and be pleased to allow
the civil petition in the interest of justice."
3. To substantiate her contentions, the petitioner
has produced copy of the petition filed by her husband in
Yallapur Court, under Section 13(1)(a) and (b) of the
Hindu Marriage Act, seeking divorce, in M.C.No.2/2025
and also the order sheet thereof. The petitioner has also
produced copy of petition filed by her under Section 144 of
Bharatiya Nagarika Suraksha Sanhita, in
Crl.Misc.No.474/2024, at Hubballi Court and the order
sheet thereof.
4. There are no materials to discard the grounds
urged by the petitioner in the petition. Accepting the
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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.2/2025, pending on the file of
Senior Civil Judge and Principal JMFC Court,
Yallapur, shall be transferred to the Court of
Principal Judge, 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
