- 1 - NC: 2025:KHC:9750 CP No. 387 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF MARCH, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI CIVIL PETITION NO. 387 OF 2023 BETWEEN: SMT.JANAKI @ VINUTHA D/O PUTTAPPA, AGED 30 YEARS, W/O VISHWANATH GHANEKAR J.P.NAGAR, SAGAR TOWN SHIMOGA DISTRICT-577 401 …PETITIONER (BY SRI. BIMBADHARA H.M., ADVOCATE) AND: VISHWANATH GHANEKAR S/O NARAYANA GHANEKAR, 35 YEARS, ADVOCATE, HULLAMBI VILLAGE, BEGUR POST KALGHATAGI TALUK DHARWAD DISTRICT-581 204 …RESPONDENT (BY SRI.S.V.BHOSLE, ADVOCATE) THIS CIVIL PETITION UNDER SEC.24 OF CPC, PRAYING TO WITHDRAW AND TRANSFER THE PETITION IN M.C.NO.13/2023 FROM THE COURT OF SENIOR CIVIL JUDGE AND JMFC, KALGHATAGI TO THE COURT OF SENIOR CIVIL JUDGE, SAGAR, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ‘DISMISSAL’, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:9750 CP No. 387 of 2023 ORAL ORDER The present petition is filed seeking transfer of M.C.No.13/2023 pending on the file of the Senior Civil Judge and JMFC Court, Kalghatagi to the Senior Civil Judge Court, Sagar. 2. The facts of the case are that the marriage of the petitioner and respondent was solemnized on 19.07.2018 at Hubbali and out of the wedlock they are blessed with a female child on 12.07.2019. In view of the differences between the parties, the respondent herein had filed M.C.No.13/2023 under Section 9 of the Hindu Marriage. 3. Learned counsel appearing for the petitioner/wife submits that after the dispute, the wife started residing along with her parents at Sagar and the respondent/husband had filed M.C.No.13/2023 seeking restitution of conjugal rights on the file of Senior Civil Judge and JMFC, Kalghatagi. It is further submitted that the distance between Kalghatagi and Sagar is about 186 kms. The wife has to take care of her daughter, who is aged about 5 years and her mother, who is physically challenged and she has to take care of her mother also. It is very difficult for her to travel all the way from Sagar to - 3 - NC: 2025:KHC:9750 CP No. 387 of 2023 Kalghatagi and hence, sought for the transfer of M.C.No.13/2023 from Kalghatagi to Sagar. 4. This Court had directed the petitioner to take out notice on the learned counsel appearing before the Trial Court for the respondent/husband and file a memo to that effect. He has filed a memo to that effect stating that the notice is served on the learned counsel Sri. S.V. Bhosle. In spite of service of notice, there is no representation on behalf of the respondent/husband. Hence, this Court is proceeding to pass orders on the merits of the matter. 5. Having heard the learned counsel appearing for the petitioner, perused the material on record. Considering the fact that the distance between Kalghatagi to Sagar is 186 kms., and the petitioner/wife has to take care of her daughter and also her mother, who is physically challenged. Considering the inconvenience being caused to the petitioner, this Court deems it appropriate to pass the following: ORDER i. Accordingly, the Civil Petition is allowed. - 4 - NC: 2025:KHC:9750 CP No. 387 of 2023 ii. The M.C.No.13/2023 pending on the file of the Senior Civil Judge and JMFC Court, Kalghatagi is withdrawn and transferred to the Senior Civil Judge Court, Sagar. iii. All I.As., in the Civil Petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE BN List No.: 2 Sl No.: 2