SMT. SHIVAMMA W/O BASAVARAJ HADAPAD v. SRI BASAVARAJ S/O BASAPPA HADAPAD
Court: High Court of Karnataka
Bench: LALITHA KANNEGANTI
Judgment date:
Case summary
High Court of Karnataka judgment dated 2024-12-17. SMT. SHIVAMMA W/O BASAVARAJ HADAPAD v. SRI BASAVARAJ S/O BASAPPA HADAPAD. Read the judgment and case...
Judgment text
- 1 - CP No. 100249 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH TH DATED THIS THE 17 DAY OF DECEMBER, 2024 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI CIVIL PETITION NO. 100249 OF 2024 BETWEEN: SMT. SHIVAMMA, W/O BASAVARAJ HADAPAD, B/M SHIVAMMA, D/O VIRAPPA HADAPAD, AGE: 29 YEARS, OCC: HOUSEHOLD WORK, R/AT: KALAS, TQ: KUNDGOL, DIST: DHARWAD-580 008. … PETITIONER (BY SRI. SADYOJAT R. BALIGATTIMATH, ADVOCATE) AND: SRI. BASAVARAJ, S/O BASAPPA HADAPAD, AGE: 40 YEARS, Digitally signed by V N BADIGER OCC: AGRICULTURE, Location: HIGH V N COURT OF R/AT: HADAPAD STREET, KARNATAKA BADIGER DHARWAD BENCH NAVALAGUND, Date: 2024. 12. 20 12:25:29 +0530 TQ: NAVALAGUND, DIST: DHARWAD-580 008. … RESPONDENT (RESPONDENT SERVED) THIS CIVIL PETITION IS FILED U/SEC. 24 OF CPC, PRAYING TO TRANSFER M. C. NO. 60 OF 2024 PENDING ON THE FILE OF THE HON’BLE SENIOR CIVIL JUDGE AND JMFC AT: NAVALGUND TO THE COURT OF THE HON’BLE SENIOR CIVIL JUDGE AND JMFC, KUNDGOL IN THE INTEREST OF JUSTICE.
- 2 - CP No. 100249 of 2024 THIS CIVIL PETITION IS COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER The present petition is filed seeking transfer of M. C. No. 60/2024 pending on the file of the Senior Civil Judge and JMFC Court, Navalgund to the Court of Senior Civil Judge and JMFC, Kundgol. 2. It is stated that in view of the differences between the parties, the petitioner left matrimonial home. Thereafter, the husband filed M. C. No. 60/2024 under Section 9 of the Hindu Marriage Act, 1955, before the Senior Civil Judge and JMFC, Navalgund seeking restitution of conjugal rights. It is the case of the wife that the she is a resident of Kundgol, and the distance between Kundgol and Navalgund is 80 kms.
It is stated that the petitioner has to take care of her three year old child and it is difficult for the petitioner to travel from Kundgol to Navalgund on every date of hearing and as such, came up with the present petition seeking transfer. - 3 - CP No. 100249 of 2024 3. Though notice is served on the respondent, no vakalath is filed on his behalf. 4. Considering the submission of the learned counsel for the petitioner and also considering that the petitioner has to take care of her three years old child and also that the distance between Kundgol and Navalgund is 80 kms. , this Court deems it appropriate to pass the following: ORDER i) M. C. No. 60/2024 pending on the file of the Senior Civil Judge and JMFC, Navalgund is withdrawn and transferred to the Court of Senior Civil Judge and JMFC, Kundgol. ii) Accordingly, the civil petition is allowed. iii) All pending I. As. , in this petition shall stand closed. Sd/- JUSTICE LALITHA KANNEGANTI KMS CT:BCK List No. : 1 Sl No. : 50
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