- 1 - HC-KAR NC: 2025:KHC-K:2895 CP No. 200031 of 2024 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 6TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI CIVIL PETITION NO.200031 OF 2024 BETWEEN: SMT. GULZARBANU W/O MOHAMMAD WASIM D/O NABISAB KHAJASAB KHANDIWAL, AGED ABOUT 25 YEARS, RESIDING AT UPPAR NANDIHAL VILLAGE, TQ: MUDAGAL, DIST: RAICHUR – 584 125. …PETITIONER (BY SRI SIDDARUDHA B.PUJARI, ADVOCATE) AND: MOHAMMAD WASIM MUSALI S/O MUSA ALI HONAWAD, AGED ABOUT 33 YEARS, OCC: LABOURER, RESIDING AT 3RD CROSS, GIRANI, CHAWL, KARWAR ROAD, HUBBALLI – 580 029. …RESPONDENT (BY SRI V.P.PATIL AND SRI B.D.MANNUR, ADVOCATES) THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CIVIL PROCEDURE CODE, PAYING TO TRANSFER THE O.S.NO.6/2024 WHICH IS PENDING ON THE FILE OF THE I ADDITIONAL PRINCIPAL JUDGE FAMILY COURT, AT HUBBALLI TO THE PRINCIPAL JUDGE FAMILY COURT AT RAICHUR AND ISSUE SUCH OTHER ORDER OR DIRECTION AS THIS COURT DEEMS FIT TO GRANT INCLUDING AWARD OF COSTS IN THE INTEREST OF THE JUSTICE AND EQUITY. THIS CIVIL PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by RAMESH MATHAPATI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:2895 CP No. 200031 of 2024 CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI ORAL ORDER This petition is filed for transfer of proceedings in O.S.no.6/2024 presently pending on file of I-Additional Principal Judge, Family Court, Hubballi, to Court of Principal Judge, Family Court at Raichur. 2. Sri Siddarudha B.Pujari, learned counsel for petitioner submitted that marriage of petitioner was solemnized with respondent on 08.11.2020 as per Shariyat Law at Uppar Nandihal village, Mudgal Taluk, Raichur District. Thereafter, she led marital life with respondent and from wedlock, child by name Umar Farook was born on 28.12.2022. However, subsequently, respondent did not treat her well at matrimonial home and began insisting her to get money from her parents to repay loan taken by respondent. Despite petitioner suffering mental and physical harassment, respondent did not change his behavior. On 30.06.2023, respondent, his mother and sister came to petitioner’s house, quarreled, abused them in vulgar language and assaulted them. Due to same, Crime no.98/2023 before Mudgal Police Station was registered for offences - 3 - HC-KAR NC: 2025:KHC-K:2895 CP No. 200031 of 2024 punishable under Sections 506, 34, 498-A, 504, 323 of IPC. In order to take revenge for filing complaint, respondent filed O.S.no.6/2024. It was submitted that distance between Hubballi and Raichur was 200 Kms., and petitioner would suffer serious inconvenience to travel to Hubballi along with minor child. Therefore, she was seeking for transfer. It was also submitted that petitioner was threatened by respondent. It was submitted that respondent was appearing in criminal proceedings at Lingasugur and would not be prejudiced in case of transfer of proceedings to Raichur Court. On said ground, sought for allowing petition. 3. None appears for respondent. However, objections are filed to petition denying allegations of harassment and ill- treatment to petitioner by respondent. It is also stated that petitioner failed to return to matrimonial home after delivering child and did not return even when respondent went to Goa where she was residing with her parents and requested her to come back. In order to stall returning to matrimonial home, petitioner herein had woven false case of threat and filed complaint at Lingasugur. It was stated that petitioner’s parents were residing at Goa and only to harass respondent, complaint - 4 - HC-KAR NC: 2025:KHC-K:2895 CP No. 200031 of 2024 was filed at Uppar Nandihal and transfer was sought to Family Court at Raichur. 4. Heard learned counsel for petitioner. Perused petition papers and objections. 5. From above, point that would arise for consideration is, Whether petitioner is entitled for transfer of proceedings in O.S.no.6/2024 from Court of I- Additional Principal Judge, Family Court, Hubballi, to Court of Principal Judge, Family Court at Raichur? 6. Hon’ble Supreme Court as well as this Court in innumerable cases have held that in case of matrimonial proceedings, convenience of wife would require to be considered. In instant case, petitioner (wife) claims to be residing at Uppar Nandihal. Learned counsel for petitioner stated that said village was native place of petitioner as well as her parents and her uncles were residing there. It was submitted that petitioner’s parents were temporarily in Goa for employment purposes and petitioner was finding it inconvenient to travel to Hubballi along with child for conducting suit. - 5 - HC-KAR NC: 2025:KHC-K:2895 CP No. 200031 of 2024 Further, respondent would be defending himself in a criminal case stated to have been filed by petitioner before Mudgal Police Station, presently stated to be pending before JMFC Court at Lingasugur. Though allegation of threat by respondent is also made, same is vehemently denied by respondent in objections filed. Travel time between Hubballi and Raichur is nearly six hours and petitioner may find it difficult to travel to Hubballi, especially, as she has minor child. 7. Under above circumstances, keeping in view of ratio laid down by Hon’ble Supreme Court, it would be appropriate to transfer proceedings from Hubballi Court to Raichur Court. Concerns of respondent could be met by imposing conditions. 8. Point for consideration is answered in affirmative. 9. Consequently, following: ORDER Petition is allowed. O.S.no.6/2024 stands withdrawn from Court of I-Additional Principal Judge, Family Court at Hubballi and transferred to Court of Principal Judge, Family Court at Raichur. - 6 - HC-KAR NC: 2025:KHC-K:2895 CP No. 200031 of 2024 Parties to appear before transferee Court without waiting for notice on 07.07.2025. Records to be transferred to transferee Court by then. Thereafter, Family Court at Raichur, is directed to expedite disposal of proceedings. Both parties are directed to co-operate for same. Sd/- (RAVI V HOSMANI) JUDGE NB List No.: 1 Sl No.: 33 Ct;Vk