Full Judgment
-1- IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 20TH DAY OF DECEMBER, 2024 BEFORE THE HON'BLE MR. JUSTICE M.G.S.KAMAL CIVIL PETITION NO. 200037 OF 2024 (RES) BETWEEN: SMT. NANDANI W/O MANJUNATH KATTIMANI, AGE: 33 YEARS, OCC: H H WORK, R/O. D/O ARAVIND MELLENNAVER, LIG-133, ADARSH NAGAR, NEAR GANESH TEMPLE, VIJAYAPURA-586103. …PETITIONER
(BY SRI SANGANAGOUDA V. BIRADAR, ADVOCATE) AND: Digitally signed by SHIVALEELA SRI MANJUNATH DATTATRAYA UDAGI S/O SURYAKANT KATTIMANI, Location: HIGH COURT OF AGE: 35 YEARS, OCC: BUSINESS, KARNATAKA R/O. PRABHU NAGAR, 2ND CROSS, BAILHONGAL, TQ. BAILHONGAL, DIST. BELAGAVI-591102. …RESPONDENT (SERVED) THIS CP IS FILED UNDER SECTION 24 OF THE CPC, PRAYING TO A) TRANSFER OF THE CASE BEARING M.C.NO.114/2023 BEFORE THE HON’BLE COURT OF SENIOR CIVIL JUDGE, BAILHONGAL AT BAILHONGAL, BELGAVI TO THE 1ST ADDITIONAL PRINCIPAL JUDGE FAMILY COURT VIJAYAPUR AT VIJAYAPUR. -2- THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.G.S.KAMAL
ORAL ORDER
(PER: HON'BLE MR. JUSTICE M.G.S.KAMAL) This petition is filed by the petitioner-wife seeking transfer of petition in M.C.No.114/2023 filed by the respondent-husband for divorce under Section 13(1)(ia) and (ib) of the Hindu Marriage Act, before the Senior Civil Judge Bailhongal, Belagavi, to the I-Addl. Prl. Judge, Family Court, Vijayapura.
2. The contention of the petitioner-wife is that her
marriage with respondent-husband was solemnized on 20.06.2021 at Bailhongal and though they led happy married life initially, however due to harassment and dowry demand made by the respondent-husband and his relatives, later there was marital discord between the petitioner and respondent, constraining the petitioner to stay at her parents house. The petitioner has also filed a -3- petition under Section 125 of Cr.P.C. for maintenance in Cril.Misc.No.270/2024 before the I-Addl. Prl. Judge, Family Court, Vijayapura.
3. It is contended that the distance between
Vijayapura to Bailhongal is about 200 kms and that the petitioner is completely dependent on her parents for her maintenance and survival and it will be difficult for her to travel all the way from Vijayapura to Bailhongal to contest the matter. Hence, seeks for allowing the petition.
4. Heard. Perused the records.
5. The marriage between the parties is not in
dispute. The petitioner-wife has initiated the proceedings for maintenance under Section 125 of Cr.P.C. before the Family Court, Vijayapura. The respondent who is stated to be carrying business at Bailhongal has filed above petition in Cril.Misc.No.114/2023 for divorce at Bailhongal. -4-
6. The section 19 of the Hindu Marriage Act, 1955 is as under:
“19. Court to which petition shall be presented.- Every petition under this Act shall be presented to the district court within the local limits of whose ordinary original civil jurisdiction-
(i) the marriage was solemnised, or
(ii) the respondent, at the time of the presentation of the petition, resides, or
(iii) the parties to the marriage last resided together, or [(iiia) in case the wife is the petitioner, where she is residing on the date of presentation of the petition, or]
(iv) the petitioner is residing at the time of the
presentation of the petition, in a case where the respondent is, at that time, residing outside the territories to which this Act extends, or has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of him if he were alive.
7. Considering the aforesaid factual and legal
aspects of the matter and also considering the distance between Vijayapura and Bailahongal being 200 kms, this Court is of the considered view that petition deserves to allowed. -5-
8. The petition is allowed. The petition in
M.C.No.114/2023 before the Senior Civil Judge, Bailhongal, Belagavi, is transferred to the I-Addl. Prl. Judge Family Court, Vijayapura. Sd/- (M.G.S.KAMAL) JUDGE SDU LIST NO.: 1 SL NO.: 18 CT:PK