- 1 - HC-KAR NC: 2025:KHC-K:2864 CP No. 200033 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 5TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI CIVIL PETITION NO. 200033 OF 2025 BETWEEN: RASHMI W/O PARASHURAM CHOUDHARI AGE: 31 YEARS, OCC: HOUSEHOLD WORK, R/O NEETA NILAYA, GIRIMALLESHWAR LAYOUT, TORVI ROAD, VIJAYAPURA-586108 …PETITIONER (BY SRI. BAPUGOUDA SIDDAPPA, ADVOCATE) AND: PARASHURAM S/O BASANNA CHOUDHARI, AGE: 32 YEARS, OCC: SOFTWARE ENGINEER, R/O BENGALURU, ALSO RESIDINT AT KANNOLLI VILLAGE, TQ. SINDAGI DIST. VIJAYAPURA-586115 …RESPONDENT (BY SRI. KIRANKUMAR B. KALLUR , ADVOCATE) THIS PETITION IS FILED UNDER SECTION 24 OF THE CPC PRAYING TO, ISSUE DIRECTION, DIRECTING THE TRANSFER OF THE MC NO.35/2023 FILED BY THE RESPONDENT PENDING BEFORE THE COURT OF THE SENIOR CIVIL JUDGE AND JMFC SINDAGI AT SINDAGI. THE ABOVE MC PETITION MAY BE TRANSFERRED TO THE COURT OF THE PRINCIPAL JUDGE FAMILY COURT VIJAYAPUR AT VIJAYAPURA WHEREIN THE MC NO.47/2025 FILED BY THE PETITIONER IS ALSO PENDING BEFORE THE COURT OF THE PRINCIPAL JUDGE FAMILY COURT VIJAYAPURA AT VIJAYAPURA AND TO HEAR BOTH THE CASES AT A SAME Court. THIS 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:2864 CP No. 200033 of 2025 CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI ORAL ORDER (PER: HON'BLE MR. JUSTICE RAVI V HOSMANI) This petition is filed by wife for transfer of proceedings in M.C.no.35/2023 presently pending before Senior Civil Judge and JMFC, Sindagi, to Court of Principal Judge, Family Court, Vijayapura. 2. Sri Bapugouda Siddappa, learned counsel for petitioner submitted that marriage of petitioner and respondent was solemnized on 22.04.2019 at Sangana Basava Mangal Karyalaya, Vijayapura, as per Hindu customs. After marriage, petitioner led marital life with respondent at his house. From wedlock, child by name Brunda was born on 15.02.2020. However, when petitioner went to house of respondent in month of June 2020, he started behaving rudely leading to marital discord. Efforts for reconciliation by family members and elders failed. When petitioner was staying with her parents at Vijayapura, respondent snatched away child on 24.04.2023 leading to filing of C.C.no.4594/2023. In meanwhile, M.C.no.35/2023 was filed by respondent. Same was disposed - 3 - HC-KAR NC: 2025:KHC-K:2864 CP No. 200033 of 2025 of exparte on 08.11.2023. However, in MFA no.200085/2024, exparte decree of divorce was set aside and matter was remitted back to Family Court. Thus, matter was pending before Family Court. It was submitted, in meanwhile petitioner filed petition under Section 9 of Hindu Marriage Act for restitution of conjugal rights in M.C.no.47/2025 which was pending before Family Court at Vijayapura. It was submitted that respondent had received notice and was contesting said matter at Vijayapura. In view of above and as distance between Sindagi and Vijayapura was more than 60 kms., as petitioner was having minor child, it would be convenient for petitioner to contest both litigation at Family Court, Vijayapura. On said ground, sought for allowing petition. 3. Sri Kirankumar B.Kallur, learned counsel for respondent would oppose petition on ground that petition for transfer was filed only after matter was remanded to Family Court at Sindagi and parties were referred for mediation. It was submitted that in case of transfer, progress in proceedings would be stalled and respondent would suffer hardship. On said ground, sought for dismissal of petition. - 4 - HC-KAR NC: 2025:KHC-K:2864 CP No. 200033 of 2025 4. Heard learned counsel and perused petition papers. 5. From above, only point that would arise for consideration is Whether petitioner is entitled for transfer of proceedings from Court of Senior Civil Judge at Sindagi to Court of Principal Judge, Family Court at Vijayapura? 6. Same is answered in affirmative for following reasons. 7. Firstly, Hon'ble Supreme Court as well as this Court in innumerable cases has held that in case of matrimonial proceedings, convenience of wife would require to be taken into account. In instant case, petitioner is residing at Vijayapur, while proceedings are going on at Sindagi. Secondly, petitioner is having a school going child aged 6 years. Thirdly, M.C.no.47/2025 filed by petitioner against respondent for restitution of conjugal rights is pending before Family Court at Vijayapur. Though distance between Sindagi and Vijayapura is about 60 kms., instead of allowing proceedings to be pursued - 5 - HC-KAR NC: 2025:KHC-K:2864 CP No. 200033 of 2025 before two different courts at different places, it would be appropriate to consolidate same before Family Court at Vijayapura, which would be convenient for both parties. Apprehensions of respondent about transfer resulting in delay of disposal of matters could be addressed by issuing appropriate directions. 8. Point for consideration is answered in affirmative. 9. Consequently, following: ORDER Petition is allowed, proceedings in M.C.no.35/2023 pending before Senior Civil Judge and JMFC, Sindagi, is withdrawn and stands transferred to Court of Principal Judge, Family Court at Vijayapura, subject to condition that both parties shall appear before transferee Court on 04.07.2025, petitioner shall indicate a particular date for cross-examination of respondent, on which, respondent shall make himself available for cross-examination which shall be completed on said date or next date as proximate as possible to same, to be fixed by Family Court to enable completion of cross- - 6 - HC-KAR NC: 2025:KHC-K:2864 CP No. 200033 of 2025 examination. Recording of evidence to be completed in same manner. Thereafter, Family Court is requested to dispose of petition as expeditiously as possible, in accordance with law. Sd/- (RAVI V HOSMANI) JUDGE NB List No.: 1 Sl No.: 43