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- 1 - IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 15TH DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR. JUSTICE H.T.NARENDRA PRASAD C.P.NO.100078/2019 BETWEEN :
SMT.DR.SHILPA W/O DR.SHAMEER PARVATEKAR, AGE 33 YEARS, OCCUPATION HOUSEHOLD WORK, R/O H.NO.29, CTS NO.7737, INCOME TAX COLONY, MAHANTESH NAGAR, BELAGAVI-590016. PETITIONER (BY SRI DEEPAK S.KULKARNI, ADVOCATE)
AND :
SHRI DR.SHAMEER S/O SHRI DR.VENKATRAY PARVATEKAR, AGE 35 YEARS, OCCUPATION PRACTICING DOCTOR, R/O RENUKA NIWAS, NEAR VITHOBA MANDIR, KADWAD, TALUKA & DISTRICT : KARWAR. … RESPONDENT (BY SRI PRUTHVI K.S, ADVOCATE) THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF THE CODE OF CIVIL PROCEDURE PRAYING TO TRANSFER THE SAID M.C.NO.15/2019 PENDING ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE
- 2 - AND CJM COURT, KARWAR TO THE JUDGE, FAMILY COURT, BELAGAVI.
THIS PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
This petition is filed by the wife under section 24 of the Civil Procedure Code for transfer of M.C.No.15/2019 pending on the file of Principal Senior Civil Judge, Karwar to the Judge, Family Court, Belagavi.
The case of the petitioner is that the petitioner is legally wedded wife of the respondent. Their marriage was solemnized on 15.04.2012 at Mahant Bhavan, Mahantesh Nagar, Belagavi. Out of their wedlock a female child by name Gautami was born on 08.11.2016 at Belagavi. After their marriage, the petitioner was living with her husband in her matrimonial home. 3. Due to some dispute, the respondent and her parents never allowed the petitioner to living in the matrimonial house. Hence she living with her
- 3 - parents from March, 2018 and she has filed a petition under Section 125 of Cr.P.C. for maintenance before the Family Court, Belagavi and the same is pending consideration. In that case, the respondent issued notice and has appeared through his counsel. 4. Subsequently the respondent filed petition under Section 13(1)(ia) of the Hindu Marriage Act, 1955 seeking for decree of divorce before the Principal Senior Civil Judge, Karwar. 5. Since, the distance from Belagavi to Karwar is more than 200 Kms. and the petitioner is unable to travel to Karwar and she has no relatives in the said place. 6. If the matrimonial case filed by the respondent before the Principal Senior Civil Judge, Karwar is transferred to the Family Court, Belagavi, it would be convenient for the petitioner to prosecute the case since the case filed by the
- 4 - petitioner is pending before the said Court. In view of the above and in the interest of the parties, this petition is allowed. 7. M.C.No.15/2019 pending on the file of Principal Senior Civil Judge & CJM, Karwar is transferred to the Family Court, Belagavi. 8. The Family Court, Belagavi is hereby directed to dispose of the above case within six months from the date of receipt of a copy of this order.
Sd/- JUDGE Em/-