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Karnataka High Court
Smt Sangeeta W/O Sanjeev Savant vs Shri Sanjeev S/O Krishnaji Savant on 17 December, 2025
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NC: 2025:KHC-D:18350
CP No. 100127 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA,AT DHARWAD
DATED THIS THE 17TH DAY OF DECEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE C M JOSHI
CIVIL PETITION NO.100127 OF 2025
BETWEEN:
SMT. SANGEETA W/O. SANJEEV SAVANT,
AGE: 42 YEARS,
OCC. HOUSEHOLD WORK,
R/O. R. M. LOHIYA NAGAR, GOKUL ROAD,
HUBBALLI-580030,
DIST. DHARWAD, KARNATAKA.
...PETITIONER
(BY SMT. SHASHIKALA HOSAMATH, ADVOCATE)
AND:
SHRI SANJEEV S/O. KRISHNAJI SAVANT,
AGE: 55 YEARS, OCC. LAB TECHNICIAN,
R/O. H.NO.227, 10TH CROSS, A-BLOCK,
BASAVESHWAR NAGAR, HAVERI,
Digitally
signed by DIST. HAVERI-581110.
YASHAVANT
YASHAVANT NARAYANKAR
NARAYANKAR Date:
...RESPONDENT
2025.12.19
11:08:48 (RESPONDENT-NOTICE SERVED)
+0530
THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CPC,
1908, PRAYING TO TRANSFER OF M.C.NO.66/2025 TITLED "SHRI
SANJEEV S/O. KRISHNAJI VASANT V/S. SMT. SANGEETA W/O
SANJEEV SAVANT" PENDING ON THE FILE OF PRINCIPAL JUDGE,
FAMILY COURT, HAVERI TO PRINCIPAL FAMILY COURT HUBBALLI, IN
THE INTEREST OF JUSTICE AND EQUITY AND GOOD CONSCIENCE.
THIS PETITION, COMING ON FOR ADMISSION THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:
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CP No. 100127 of 2025
HC-KAR
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE C M JOSHI)
Heard the learned counsel appearing for the petitioner.
2. The petitioner is the wife of respondent. The
petitioner has filed a petition seeking transfer of the
M.C.No.66/2025 pending before the learned Principle Judge,
Family Court, Haveri to the learned Principal Judge, Family
Court, Hubballi for disposal in accordance with law.
3. The petitioner states that her marriage with the
respondent was solemnized on 14.12.2016 at Haveri and
thereafter, the petitioner went to the matrimonial home. There
were some differences between the petitioner and the
respondent and therefore, she returned back to her parent's
house at Hubballi. Now the respondent has filed M.C.No.66/2025
before the learned Principal Judge, Family Court, Haveri seeking
a divorce. It is also stated that the petitioner had filed criminal
miscellaneous petition seeking maintenance and a divorce
petition before the learned Principal Judge, Family Court at
Hubballi and they have been dismissed. It is contended that
since she is not having any income and has lost her father, she is
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HC-KAR
unable to visit Haveri for the conduct of the case. Therefore, it is
submitted by the learned counsel for the petitioner that the
petition be allowed.
4. This Court in the case of Smt. M. V. Rekha vs. Sri
Sathya @ Suraj1 at paragraph No.15 has held as below:
"15. The cardinal principle for exercise of
power under Section 24 of the Code of Civil
Procedure is that ends of justice 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 either of the parties, the social strata
of the spouses and behavioural pattern, their
standard of life antecedent to marriage and
subsequent thereon and the circumstances of
either of the parties in eking out their livelihood
and under whose protective umbrella they are
seeking their sustenance to life. Generally, it is the
wife's convenience which must be looked at while
considering transfer. Further, when two
proceedings in different Courts which raise
common question of fact and law and when the
decisions are interdependent, it is desirable that
they should be tried together by the same Judge
ILR 2010 KAR 5407
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HC-KAR
so as to avoid multiplicity in trial of the same
issues and conflict of decisions (See
Smt.NandaKishori v. S.B.Shiua Prakash AIR 1993
Kar 87, Sumita Singh v. Kumar Sanjay and Anr.
AIR 2002 SC 396 and Smt.Swarna Gouri v. Sri
Vinayak Pujar ILR 2007 Kar 4561)."
(emphasis supplied)
5. The records reveal that in the petition filed by the
respondent in M.C.No.66/2025, the dismissal of the
M.C.No.299/2018 by the learned Principle Family Court, Hubballi
has been narrated. It is evident that the petitioner is the resident
of Hubballi and in view of the judgment of this Court as above
(supra), the petition deserves to be allowed and hence, the
following:
ORDER
i) The petition is allowed.
ii) The M.C.No.66/2025 pending on the file of the
learned Principal Judge, Family Court, Haveri is
hereby withdrawn and transferred to the
learned Principal Judge, Family Court at
Hubballi for disposal in accordance with law.
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HC-KAR
iii) The transferor Court is at liberty to fix a date
for the appearance of both parties before the
transferee Court.
iv) Intimate both the courts accordingly.
SD/-
(C M JOSHI)
JUDGE
SSP
CT:PA
LIST NO.: 1 SL NO.: 17
