Karnataka High Court
Divya W/O Jayakar V Rao vs Jayakar V Rao on 27 January, 2025
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CP No. 200004 of 2025
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 27TH DAY OF JANUARY, 2025
BEFORE
THE HON'BLE MS JUSTICE J.M.KHAZI
CIVIL PETITION NO.200004 OF 2025 (RES)
BETWEEN:
1. SMT. DIVYA W/O JAYAKAR V. RAO
(PRIOR TO MARRIAGE - DIVYA D/O
DATTATRAYA M. KAMALAPUKAR)
AGE: 30 YEARS,
OCC: HOUSEHOLD WORK,
R/O.NO.2-907/14, GUBBI COLONY
SEDAM ROAD, KALABURAGI - 585 105.
...PETITIONER
(BY SRI. DEEPAK V. BARAD, ADVOCATE)
AND:
Digitally signed by
SHIVALEELA 1. JAYAKAR V. RAO
DATTATRAYA
UDAGI S/O V. SHASHIDHAR
Location: HIGH
COURT OF AGE: 32 YEARS,
KARNATAKA
OCC: PRIVATE WORK,
R/O.#43, RAJDHANI COLONY,
GOKUL ROAD, HUBBALLI - 580 009.
...RESPONDENT
(SERVED)
THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF
THE CIVIL PROCEDURE CODE, 1908 PRAYING TO ALLOW THIS
PETITION AND TRANSFER THE M.C.NO.478/2024, PENDING
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CP No. 200004 of 2025
BEFORE THE PRINCIPAL JUDGE, FAMILY COURT AT HUBBALLI,
TO THE PRINCIPAL JUDGE FAMILY COURT, KALABURAGI.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MS JUSTICE J.M.KHAZI
ORAL ORDER
(PER: HON'BLE MS JUSTICE J.M.KHAZI)
This petition is filed by the petitioner-wife under
Section 24 of the Code of Civil Procedure, 1908, with a
prayer to transfer M.C.No.478/2024 pending on the file of
Prl. Judge, Family Court, Hubballi to the Prl. Judge, Family
Court, Kalaburagi.
2. In support of the petition, the petitioner has
contended that her marriage with respondent was
solemnized on 24.12.2021 at Kalaburagi.
3. After the marriage they led happy married life
only for few months. Thereafter at the instigation of his
parents, respondent started harassing and ill-treating her
to get dowry. On 15.10.2024 respondent-husband has
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filed M.C.No.478/2024 before the Prl. Judge, Family Court
Hubballi for divorce. Petitioner-wife is residing at
Kalaburagi. Maintenance is granted to her in
Crl.Misc.No.250/2020 and she has filed
Crl.Misc.No.219/2024 before Prl. Judge, Family Court,
Kalaburagi, of executing the said order. The distance
between Kalaburagi and hubballi is 350 kms. The
petitioner as a woman she was not able to travel alone to
Hubballi to attend the said case. She also not able to
spend money for traveling and other expenses. Hence, the
petition.
4. Though notice of this petition is duly served on
respondent, he has not appeared before the Court.
5. Heard the arguments and perused the records.
6. Thus, petitioner who is legally wedded wife of
respondent is seeking transfer of M.C.No.478/2024 filed
by respondent before the Hubballi Court to Kalaburagi
where, criminal miscellaneous petition filed by her for
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executing maintenance order passed in her favour on the
ground that it is difficult for her to attend the Court at
Hubballi, which is at a distance of 350 kms from
Kalaburagi.
7. The grounds urged in the petition seeking
transfer have remained unchallenged, since respondent
has remained ex parte. If M.C.No.478/2024 is transferred
from Hubballi to Kalaburagi it would also be difficult and
inconvenience to respondent. However, in the judgments,
reported in (2001) 10 SCC 41 in the matter of Sumita
Singh vs. Kumar Sanjay and another and (2005) 12
SCC 237 in the matter of Rajani Kishor Pardeshi vs.
Kishor Babulal Pardeshi, the Hon'ble Apex Court has
held that in this type of matrimonial cases the
inconvenience of wife has to be preferred over the
inconvenience of the husband, especially when the
litigation has been initiated by the husband.
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8. Having regard to the facts and circumstances of
the case and relying upon above two decisions of the
Hon'ble Apex Court, this Court is of the considered opinion
that the inconvenience that would be caused to the
petitioner is more, when compared to that of the
respondent. Therefore, the petitioner is entitled for the
relief sought in the petition. Accordingly, I proceed to pass
the following:
ORDER
(i) The petition filed by the petitioner-wife
under Section 24 of the Code of the Civil
Procedure, 1908, is hereby allowed.
(ii) The M.C.No.478/2024 on the file of Prl.
Judge, Family Court at Hubballi filed by the
respondent-husband is withdrawn and
transferred to the Court of the Prl. Judge,
Family Court, Kalaburagi.
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(iii) The Prl. Judge, Family Court, Kalaburagi, is
directed to take the matter on record and
proceed in accordance with law.
Sd/-
(J.M.KHAZI)
JUDGE
SDU
CT: NI
