Smt Shivaleela W/O. Rajashekar Jakati v. Sri Rajashekhar Jakati S/O. Sadashiv

NC:(2025:KHC-D:16575( CP(No.(100208(of(2025( ( , ,,HC-KAR( ( ( IN(THE(HIGH(COURT(OF(KARNATAKA,AT(DHARWAD(

THDATED(THIS(THE(27 (DAY(OF(NOVEMBER,(2025(

BEFORE( THE(HON'BLE(MR.(JUSTICE(C(M(JOSHI(

CIVIL(PETITION(NO.(100208(OF(2025((

( BETWEEN:(( ( SMT.,SHIVALEELA,W/O.,RAJASHEKAR,JAKATI,, AGED,ABOUT,37,YEARS,, OCC.,HOUSEHOLD,WORK,, R/AT.,C/O.,MALLIKARJUN,PATIL,,

PLOT,NO.71,,SIDDARTHA,NAGAR,,, NAVARASAPUR,,NEAR,GANESH,TEMPLE,, VIJAYAPUR-586101., …PETITIONER, (BY,SRI.,RAM,P.,GHORPADE,,ADVOCATE,FOR,

,,,,,,SRI.,KARTHEEK,S.,SHIDDAPUR,,ADVOCATE), , AND:( ( SRI.,RAJASHEKHAR,JAKATI,S/O.,SADASHIV,, YASHAVANT AGED,ABOUT,38,YEARS,, NARAYANKAR OCC.,PROFESSOR,,R/AT.,TIGADI,BAILHONGAL,, BELAGAVI,DISTRICT., Digitallytisignedtiby YASHAVANT PRESENTLY,RESIDING,AT,, NARAYANKAR Date:02025.12.17 C/O.,RUDRAMMA,HIREMUTT,,, 13:06:360+0530 BEHIND,SM,PATIL,COLLEGE,ROAD,, GHATAPRABHA,,GOKAK,TALUK,,BELAGAVI,DISTRICT., …RESPONDENT, (RESPONDENT-NOTICE,SERVED), , , THIS, CIVIL, PETITION, IS, FILED, UNDER, SECTION, 24, OF, CPC,, PRAYING, TO, , , WITHDRAW, THE, ENTIRE, PROCEEDINGS, IN, MC, NO.250/2025,, PENDING, ON, THE, FILE, OF, HON'BLE, I, ADDL., PRL., JUDGE,,FAMILY,COURT,,BELAGAVI,AND,TO,TRANSFER,THE,SAME,TO, THE,PRINCIPAL,JUDGE,,FAMILY,COURT,AT,VIJAYAPURA,AND,ETC., ,

THIS PETITION, COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE C M JOSHI)

Heard the learned counsel appearing for the petitioner.

¶2The respondent has remained unrepresented despite service of notice.

¶3The petitioner is the wife of the respondent. It is submitted that the respondent has filed M.C.No.250/2025 before the learned I Additional Principal Judge, Family Court, Belagavi, and the petitioner is the resident of Vijayapura. Therefore, she is seeking transfer of the said case to the Principal Judge, Family Court, Vijayapura. It is submitted that the petitioner has filed a petition under Section 144 of B.N.S.S. before the learned Principal Judge, Family Court, Vijayapura in Crl.Misc.No.409/2025

¶4This Court in the case Smt. M. V. Rekha v. Sri Sathya @ Suraj1 at Paragraph No.15 has held as hereunder:

1 ILR 2010 KAR 5407

"The cardinal principle for exercise of power under Section 24 of the Code of Civil Procedure is that ends of justice demand the transfer of the suit, appeal or other proceeding. In matrimonial matters, wherever Courts are called upon to consider the plea of transfer, the Courts have to take into consideration the economic soundness of either of the parties, the social strata of the spouses and behavioural pattern, their standard of life antecedent to marriage and subsequent thereon and the circumstances of either of the parties in eking out their livelihood and under whose protective umbrella they are seeking their sustenance to life. Generally, it is the wife's convenience which must be looked at while considering transfer. Further, when two proceedings in different Courts which raise common question of fact and law and when the decisions are interdependent, it is desirable that they should be tried together by the same Judge so as to avoid multiplicity in trial of the same issues and conflict of decisions (See Smt.NandaKishori v. S.B.Shiua Prakash AIR 1993 Kar 87, Sumita Singh v. Kumar Sanjay and Anr. AIR 2002 SC 396 and Smt.Swarna Gouri v. Sri Vinayak Pujar ILR 2007 Kar 4561)."

(emphasis supplied)

¶5Therefore, the petition deserves to be allowed so that the matter is taken up by one and the same Court in the interest of justice and equity. Hence, the following: ORDER

i) The petition is allowed.

ii) The petition in *M.C.No.250/2025 pending on the file of the learned I Additional Principal Judge, Family Court, Belagavi is hereby withdrawn and transferred to the learned Principal Judge, Family Court, Vijayapura, where Crl.Misc.No.409/2025 is pending for disposal in accordance with law.

iii) Intimate both the Courts accordingly.

SD/- (C M JOSHI) JUDGE

SSP CT:PA LIST NO.: 1 SL NO.: 30 *Corrected Vide Chamber Order dated 17.12.2025

SD/- [CMJJ]