- 1 - NC: 2025:KHC-K:2345 CP No. 200006 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 16TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE CIVIL PETITION NO.200006 OF 2025 (RES) BETWEEN: SMT. PAVITRA W/O VITHAL REDDY D/O NARASINGRAO MADAGILKAR, AGED ABOUT 34 YEARS, OCC: HOUSEHOLD, R/O: TAJLAPUR, TQ. AND DIST: BIDAR – 585 401. …PETITIONER (BY SMT. SWATI M.N., ADVOCATE) AND: VITHAL S/O CHANDRASHEKHAR REDDY, AGED ABOUT 44 YEARS, OCC: GOVERNMENT SERVANT, R/O: H.NO.11-362/A, GANGA NIVAS, DHANAGAR GALLI, BHRAMPUR KALABURAGI – 585 103. …RESPONDENT (BY SRI SANDEEP V.PATIL, ADVOCATE) THIS CIVIL PETITION IS FILED UNDER SECTION 24 (I)(A) OF THE CODE OF CIVIL PROCEDURE, PRAYING TO TRANSFER THE M.C.NO.350/2022 PENDING ON THE FILE HON’BLE DISTRICT JUDGE FAMILY COURT AT KALABURAGI TO HON’BLE COURT OF THE SENIOR CIVIL JUDGE AND J.M.F.C. AT BIDAR, DISTRICT BIDAR, FOR BETTER ADJUDICATION AND TO REACH THE ENDS OF JUSTICE. Digitally signed by BASALINGAPPA SHIVARAJ DHUTTARGAON Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:2345 CP No. 200006 of 2025 THIS CIVIL PETITION COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE ORAL ORDER (PER: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) This petition is filed seeking transfer of the petition in M.C.No.350/2022 pending on the file of Family Court at Kalaburagi to Senior Civil Judge at Bidar. The present petition is filed by the wife and the husband is the respondent. 2. The petition in M.C.No.350/2022 on the file of the Family Court at Kalaburagi is filed by the husband seeking restitution of conjugal right. The petitioner who is the respondent in the said petition, has filed Criminal Misc.No.1617/2022 on the file of II Additional Civil Judge & JMFC-II, Bidar seeking maintenance. Hence, the petitioner – wife has filed the petition seeking transfer of petition pending before the Court at Kalaburagi. 3. The aforementioned facts are not in dispute. - 3 - NC: 2025:KHC-K:2345 CP No. 200006 of 2025 4. The petitioner and respondent have two daughters from their marriage and both minor daughters are under the care and custody of the wife who is the petitioner before this Court. It is stated that the distance between the residence of the petitioner in Tajlapur, Bidar to Kalabauragi is about 135 kms. 5. Learned counsel for the respondent on the other hand would submit that there are enough bus facilities to travel from Tajlapur, Bidar to Kalabauragi and there is no difficulty for the petitioner to attend the Court at Kalaburagi. 6. This Court has considered the contentions raised at the Bar. 7. The admitted factual position is that a criminal miscellaneous petition in Crl.Misc.No.16174/2022 claiming maintenance is already pending before the JMFC Court at Bidar. The distance between Tajlapur, Bidar to Kalabauragi is 135 km. Two minor children of petitioner and respondent are with the petitioner. Keeping in mind the - 4 - NC: 2025:KHC-K:2345 CP No. 200006 of 2025 settled position of law, this Court is of the view that it is a fit case to allow the petition for transfer of the case as sought for. 8. Under these circumstances, the following: ORDER i) The petition is allowed. ii) M.C. No.350/2022 on the file of District Judge, Family Court at Kalaburagi is ordered to be transferred to the Senior Civil Judge at Bidar. iii) The parties shall appear before the Court of Senior Civil Judge at Bidar on 04.06.2025 without awaiting any further notice. Sd/- (ANANT RAMANATH HEGDE) JUDGE BL List No.: 1 Sl No.: 43