- 1 -
NC: 2024:KHC-D:7262
CP No. 100011 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
ST
DATED THIS THE 31 DAY OF MAY, 2024
BEFORE
THE HON'BLE MR JUSTICE M.G.S. KAMAL
CIVIL PETITION NO.100011/2024
BETWEEN:
SMT. SARASWATI
W/O. SURESH GUDADUR,
AGE: 33 YEARS,
OCC: HOUSEHOLD WORK/PRIVATE SERVICE,
R/O: RAGAVENDRA CAMPA TURAVIHAL,
TQ: SINDANUR, DIST: RAICHUR.
…PETITIONER
(BY SRI A. C. CHAKALABBI AND
S.G.NANDOOR, S.B.DODDAGOUDAR,
M.A.MAKANDAR AND
ANNESAHEB SAHLAGAR, ADVOCATES)
AND:
SRI SURESH
S/O. HAMPANNA GUDADUR,
AGE: 38 YEARS, OCC: AGRICULTURE,
R/O: TAVARAGERI, TQ: KUSTAGI,
Digitally signed
DIST: RAICHUR – 523 279.
by YASHAVANT
NARAYANKAR
…RESPONDENT
Location: High
Court of
(RESPONDENT IS SERVED)
Karnataka
THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CPC,
PRAYING TO, PASS ORDER TRANSFERRING M.C.NO.59/2023
PENDING ON THE FILE OF HONBLE SENIOR CIVIL JUDGE AND JMFC
KUSTAGI TO THE COMPETENT COURT AT SENIOR CIVIL JUDGE AND
JMFC SINDANUR IN THE INTEREST OF JUSTICE AND EQUITY.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE
COURT MADE THE FOLLOWING:
- 2 -
NC: 2024:KHC-D:7262
CP No. 100011 of 2024
ORDER
1. This petition is by the petitioner-wife seeking
transfer of proceedings in M.C.No.59/2022 filed by the
respondent-husband on the file of the Senior Civil Judge
and JMFC, Kushtagi to the Court of the Senior Civil Judge
and JMFC, Sindanur.
2. The marriage of the petitioner and the
respondent was solemnized on 22.02.2011 at Somanath
temple, Pura village of Sindanur taluk. The petitioner
joined the matrimonial house with the respondent and led
marital life for about 1 ½ year. Out of their wedlock, two
children were born. Due to discord between them,
petitioner started to live with her parents in her parental
home and filed Crl.Misc.No.353/2022 seeking maintenance
and also filed a criminal case in Crime No.689/2022
alleging offence of demand of dowry from the petitioner.
Things stood that respondent-husband has filed the
petition under Section 13(1)(ia)(ib) of the Hindu Marriage
Act, 1955 for grant of divorce against the petitioner in
- 3 -
NC: 2024:KHC-D:7262
CP No. 100011 of 2024
M.C.No.59/2002 before the Senior Civil Judge and JMFC,
Kushtagi.
3. Counsel for the petitioner reiterating the
grounds urged in the memorandum of petition submits
that the petitioner-wife filed a complaint before Turvihal
police in Crime No.689/2022 and the said matter is
pending consideration. That she has also filed a petition
under Section 125 Cr.P.C., before the Senior Civil Judge,
Sindanur in Crl.Misc.No.353/2022 and the same is also
pending consideration. He further submits that in view of
the facts and circumstances of the case, it is necessary
and imperative that for the purpose of effective
prosecution of the matter, present petition filed by the
respondent-husband for dissolution of marriage at Senior
Civil Judge and JMFC, Kustagi, be withdrawn and
transferred to the Court at Senior Civil Judge and JMFC,
Sindanur.
4. In response, learned counsel for the
respondent-husband submits that the respondent-husband
- 4 -
NC: 2024:KHC-D:7262
CP No. 100011 of 2024
left with no other option but to prosecute the matter at
Kustagi.
5. Heard and perused the matter.
6. Section 19 of the Hindu Marriage Act, 1955
provides that petition for divorce be filed within the
jurisdiction of the Court where the respondent at the time
of presentation of the petition resides. Further, the facts
reveal that even before the respondent-husband filing the
present petition for dissolution of marriage, the petitioner
- wife had already initiated proceedings against the
respondent-husband and has also filed petition seeking
maintenance, before the Courts at Sindanur and the same
are pending consideration.
7. In view of the above factual and legal aspects
of the matter, this Court is of the considered view that the
present petition in M.C.No.59/2023 pending on the file of
Senior Civil Judge and JMFC, Kustagi, be withdrawn and
- 5 -
NC: 2024:KHC-D:7262
CP No. 100011 of 2024
presented before the Court at Senior Civil Judge and JMFC,
Sindanur, where the petitioner-wife is residing.
8. Petition is accordingly allowed.
9. In view of the disposal of the main petition,
pending IAs. do not survive for consideration and are
disposed of.
SD/-
JUDGE
KGK/CT-ASC
List No.: 1 Sl No.: 17