- 1 - CP No. 100067 of 2025 RESERVED ON : 01.09.2025 PRONOUNCED ON : 19.09.2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 19TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CIVIL PETITION NO. 100067 OF 2025 BETWEEN: DEEPA MAHANTESHGOUDA MARIGOUDRA URF DEEPA D/O. SOMALINGAPPA VIVEK AGE: 31 YEARS, OCC: HOUSEHOLD, R/O. HOSUR, TQ. SAVADATTI, DIST BELAGAVI-591126. …PETITIONER (BY SRI. SANTOSH B. MALLIGAWAD, ADVOCATE) AND: MAHANTESHGOUDA S/O. NINGANGOUDA MARIGOUDRA AGE: 33 YEARS, OCC: UNEMPLOYED R/O. AGADI, TQ. HUBBALLI, DIST. DHARWAD 580020 …RESPONDENT (PARTY IN PERSON) THIS CIVIL PETITION FILED U/SEC.24 OF CPC, PRAYING TO TRANSFER M.C.NO.08/2025 PENDING ON THE FILE OF THE PRL. FAMILY COURT HUBBALLI TO THE PRINCIPAL SENIOR CIVIL JUDGE AND ADDL. MACT, SAUNDATTI IN THE INTEREST OF JUSTICE AND EQUITY. IN THIS CIVIL PETITION HAVING BEEN HEARD AND RESERVED ON 01.09.2025 AND COMING ON FOR PRONOUNCEMENT OF JUDGMENT THIS DAY, DELIVERED THE FOLLOWING: MALLIKARJUN RUDRAYYA KALMATH Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Date: 2025.09.19 15:12:38 +0530 - 2 - CP No. 100067 of 2025 CAV ORDER (PER: THE HON'BLE MR. JUSTICE G BASAVARAJA) The petitioner/wife has filed this petition under Section 24 of the CPC to transfer M.C.No.8/2025 pending on the file of Principal Family Court, Hubballi to the Court of Principal Senior Civil Judge and Additional MACT, Saundatti for disposal in accordance with law on the following grounds : “1. It is submitted that the petitioner is a lady with one year old child, who need constant care and attention as such the petitioner herein cannot be compelled to desert her child and travel such a long of 70 km about 2 hours distance to attend the proceedings. 2. It is submitted that the petitioner apprehends conflicting decisions by the Courts especially in the light of the pending proceedings before the learned Magistrate in Saundatti for maintenance. 3. It is submitted that the petitioner apprehends that there is imminent threat to her life because the respondent may in order to avenge may harm her person. - 3 - CP No. 100067 of 2025 4. It is submitted that the petitioner is an unemployed female with no male family members to accompany her to such a long distance. 5. It is submitted that the balance of convenience lies in favor of the petitioner herein and no hardship will be caused to the respondent in the event of granting the prayer. It is submitted that this petition is bona fide and the petitioner would be put to irreparable hardship and injury if the transfer is not granted as prayed for.” 2. Along with this petition, petitioner/wife has produced the copy of petition filed by the respondent /husband under Section 13(1)(ia) of the Hindu Marriage Act, 1955 in M.C.No.8/2025 before the Principal Judge, Family Court, Hubballi and the order sheet pertaining to M.C.No.8/2025 and copy of petition filed under Section 12 of the Domestic Violence Act in Cri.Misc.8/2025 filed by the wife and her minor daughter-Krutika as well as the order sheet pertaining to the said case. 3. Respondent/husband entered appearance as party-in- person and filed his written objection contending that the petitioner has sought for transfer of petition in MC.No.8/2025 from the Family Court, Hubballi. It is stated that he has been attacked twice by the relatives of petitioner/wife at Savadatti, - 4 - CP No. 100067 of 2025 when he had gone with his parents to attend proceedings before the CDPO office, where they were assaulted and only with police protection they could safely leave the place. In that regard, he lodged complaint at Savadatti Police Station. There is a grave threat to his life and safety. The claim of the petitioner that Hubballi is inconvenient, is false and misleading. The petitioner and her relatives have already attended the Family Court at Hubballi at least four times, travelling conveniently by car along with her brother. At no point did they face any difficulty or threat from him. The real motive behind filing of the transfer petition is only to harass him and put his life in danger, as her relatives are based in Savadatti. Further it is submitted that the petitioner has been in illegal relationship with one Sri. Parappa Shripati Mang, R/o Teradal, District: Bagalkot, even before their marriage and she continued the same after the marriage. He has electronic evidence such as Instagram chats, call records and a recorded apology from Sri. Parappa Mang admitting to the same. These materials are already in his possession and can be produced as and when required before the Court. Further, it is stated that the petitioner with the aid of the said person, has not only betrayed the marital relationship, but also hatched false - 5 - CP No. 100067 of 2025 complaints and threats to finish him during the time when he was under suspension from the job, with the sole intention of ruining his career and life. If the matter is transferred to Savadatti Court, his life will be in imminent danger and the entire process will cause irreparable injury to him. On all these grounds sought for dismissal of the petition. 4. Along with statement of objection, the respondent/husband has produced the copy of acknowledgement of complaint issued by the Saundatti Police and medical records pertains to the Psychiatry Department of SDM College of Medical Sciences and Hospital, Manjushree Nagar, Sattur. 5. I have heard arguments on both sides and perused the materials on record. 6. There is no dispute between the parties as to filing of MC.No.8/2025 and also Criminal Miscellaneous No.8/2025. The main objection raised by the respondent is that there is a life threat to him as the petitioner and her relatives have attacked him, when he came to the CDPO office at Saundatti on 25.09.2024. To substantiate the same, he has produced the acknowledgement dated 06.05.2025 issued by the Police. The - 6 - CP No. 100067 of 2025 copy of petition filed under Section 12 of the Domestic Violence Act in Crl.Misc.8/2025 reveals that the said petition is filed on 06.12.2024. On 25.09.2024, when the respondent came to the CDPO office, when the relatives of petitioner/wife attempted to attack the respondent/husband, but respondent has not produced any document to show that he has appeared before the CDPO office on 25.09.2024. Even if it is presumed that on 25.09.2024, the petitioner has attempted to assault the respondent, he could have has lodged a Police complaint on 25.09.2024, but he has not done so. The respondent has not made any explanation in his statement of objection as to the abnormal delay in filing of the complaint with the Police. Therefore, at this stage, objections raised by the respondent cannot be accepted. Averments made in the criminal miscellaneous petition reveals that the present petitioner is having one year minor child, who need constant care of the petitioner. Under the circumstances, it is not just and proper to compel her to attend the Court along with a year old child which needs constant care of the petitioner. The petitioner, has no means to maintain herself and for these reasons she has filed the petition under Section 12 of the Domestic Violence Act in - 7 - CP No. 100067 of 2025 Crl.Misc.8/2025 for grant of maintenance under Sections 18, 19, 20, 22 and 23 of the Domestic Violence Act. 7. Considering the grounds urged by the petitioner, it is just and proper to allow this petition. Hence, I proceed to pass the following : ORDER (i) Petition filed under Section 24 of the CPC is allowed. (ii) M.C.No.8/2025 pending on the file of Principal Family Court, Hubballi is withdrawn and transferred to the Court of Principal Senior Civil Judge and Additional MACT, Saundatti for disposal in accordance with law. (iii) Registry is directed to send a copy of this order to both Courts for necessary action. Sd/- (G BASAVARAJA) JUDGE CKK CT-CMU