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2022 DIGILAW 1147 (KAR)

Yamuna v. Siddappa Sogalad

2022-09-02

ASHOK S.KINAGI

body2022
JUDGMENT 1. The petitioner has filed this petition under Sec. 24 of Code of Civil Procedure, 1908 seeking to withdraw M.C. No.5/2022 pending on the file of the Senior Civil Judge, Bailhongal, Belagavi District and to transfer the same to the Court of Civil Judge and JMFC, Mudabidire, D.K. District. 2. Brief facts leading raise to filing of this writ petition are as under: The petitioner filed a petition under Sec. 12 of the Protection of Women from Domestic Violence Act, 2005 before the Court of Civil Judge and JMFC, Mudubidire in Crl.Misc.No.73/2020. The respondent filed a petition seeking decree of divorce in M.C.No.5/2022 before the Senior Civil Judge, Bailhongal, Belagavi District. The petitioner was placed exparte in M.C.No.5/2022. The petitioner filed this petition on the ground that the distance between Bailhongal and Mudubidire is more than 250 km and she has already filed a petition Crl.Misc.No.73/2022 before the Civil Judge and JMFC, Mudubidire where the respondent is attending the same. Hence, this petition. 3. Heard the learned counsel for petitioner and learned counsel for respondents. 4. Learned counsel for petitioner submits that the distance between Bailhongal and Mudubidire is more than 250 km and the petitioner cannot travel to Bailhongal wherein M.C.No.5/2022 is pending. He further submits that the petitioner being a lady, cannot travel without the assistance of third person. Hence, on these grounds, he prays to allow the petition. 5. Per contra, learned counsel for respondent opposes the petition and submits that now the matter is posted for pronouncement of judgment on 15/9/2022. 6. The said fact is not disputed by the learned counsel for petitioner. 7. In view of the fact that the matter is posted for pronouncement of judgment on 15/9/2022, I do not find any ground to allow the petition. Accordingly, the civil petition is dismissed.