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IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

DATED THIS THE 01^{S T} DAY OF OCTOBER, 2021

BEFORE

THE HON’BLE MR. JUSTICE P.N.DESAI

CIVIL PETITION NO.100094/2021

BETWEEN

SAVITA W/O RAMESH GORAGUNDAGI,

AGE: 26 YEARS, OCC: GOVERNMENT EMPLOYEE,

R/O. HUNASHYAL P.B, TQ: BASAVANABAGEWADE,

NOW AT CIVIL HOSPITAL HANAGAL,

DIST: HAVERI-581104.

...PETITIONERS

(By Sri. HARSHAVARDAN. M. PATIL, ADV.)

AND

RAMESH S/O GURUNATH GORAGUNDAGI,

AGE: 25 YEARS OCC: COOLIE,

R/O. HUNASHYAL P.B, TQ: BASAVANABAGAWADE,

DIST: BIJAPUR-586213.

…RESPONDENT

(SERVED REMAINED UNREPRESENT)

THIS CIVIL PETITON FILED U/SEC.24 OF CPC, 1908.

PRAYING TO PASS AN ORDER FOR TRANSFER OF M.C. PETITION

NO.37/2021 PENDING ON THE FILE FO SENIOR CIVIL JDUGE AND

JUDICIAL MAGISTRATE FIRST CLASS BASAVANA BAGEWADI TO

SENIOR CIVIL JUDGE HANAGAL, FOR ADJUDICATION, IN THE

INTEREST OF JUSTICE AND EQUITY.

THIS PETITION COMING ON FOR ADMISSION THIS

DAY, THE COURT PASSED THE FOLLOWING:

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ORDER

Though the matter is listed for admission, with

the consent of petitioner’s counsel, it is taken up for

final disposal.

2.

This petition is filed under Section 24 of the

Code of Civil Procedure, 1908, seeking transfer of

MC.No.37/2021 pending on the file of Senior Civil

Judge and JMFC, Basavanabagewadi, to the Court of

Senior Civil Judge, Hanagal.

3.

It

is

contended

that,

the

petitioner

and

respondent marriage was solemnized on 14/02/2020.

Thereafter wards they have led a happy marital life

for some time. Then difference arose between the

petitioner and respondent. It is contended that, the

petitioner is working as a staff nurse at Hanagal,

Hospital. It is contended that, in MC No. 37/2021

respondent

made

a

false

allegation

that,

the

petitioner is refusing to live with him as she is

having Government job so, he has left her company.

Now the respondent has filed MC No. 37/2021 on file

of Senior Civil Judge and JMFC, Basavanabagewadi.

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Petitioner is pregnant. It will be very difficult for her

to travel to Senior Civil Judge, Basavanabagewadi

for such a long distance. Hence, she prayed to allow

the petition.

4.

Heard the counsel for the petitioner. Perused

the Annexure-A which indicates that, the respondent

has filed petition under section 9 of Hindu Marriage

Act, 1955 for restitution of conjugal rights at

Basavanabagewadi Court. She has also produced

‘Tai Card’ to show that, she is pregnant. She has

also produced the appointment order.

5.

It is evident that, the petitioner is pregnant and

the

distance

between

the

Basavanabagewadi

to

Hanagal is about 260 kms.

6.

Respondent has not appeared and has not filed

any objection for this petition.

7.

It is settled the principles of law that, wife

convenience must be looked into as held by the

Hon’ble Supreme Court in the case of Sumita Singh

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vs. Kumar Sanjay and another reported in AIR

2002 SC 396.

8.

In view of the principles stated in the above

decision and the discussion, in my considered view

the petition deserves to be allowed. Accordingly, I

pass the following :

ORDER

(i)

The petition is allowed.

(ii)

It is hereby ordered that, MC No.

37/2021 pending on the file of Senior

Civil

Judge

and

JMFC

Basavanabagewadi is withdrawn and

transferred to the Senior Civil Judge,

Court, Hanagal to dispose off the

same in accordance with law.

(iii) The

office

is

directed

to

take

necessary measures in this regard.

(iv) No order as to costs.

Sd/-

JUDGE

PJ