- 1 - CP No. 100035 of 2025 RESERVED ON : 17.09.2025 PRONOUNCED ON : 23.09.2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 23RD DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CIVIL PETITION NO.100035 OF 2025 BETWEEN: SMT. NIVYA D/O. SUKUMARA BOPPURI @ W/O. RICHARD MIRANDA AGE. 30 YEARS, OCC. NIL R/O. 8/C, GODS GIFT, ALKAPURI LAYOUT, RC COLONY, HUBBALLI 580023. …PETITIONER (BY SRI. H.N. JANCHINAMANI, ADVOCATE) AND: SRI. RICHARD S/O. RUJAR MIRINDA AGE. 36 YEARS, OCC. PRIVATE EMPLOYEE R/O. 187/2, KRISHNAMANGALAM, 2ND MAIN, 10TH CROSS, MARUTI NAGAR. YALAHANKA, BANGALORE-560064. PERMANENT R/O. SAMSI KUDRIGI, TQ. HONNAVAR, DIST. UTTAR KANNADAMAHARASHTRA 416309. …RESPONDENT (BY SMT. NIRMALA DODAMANI, ADVOCATE) THIS CIVIL PETITION FILED U/SEC.24 OF CPC, PRAYING TO PASS AN ORDER OF TRANSFERRING THE M.C.NO.51/2024 PENDING ON THE FILE OF SENIOR CIVIL JUDGE HONNAVAR, MALLIKARJUN RUDRAYYA KALMATH Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Date: 2025.09.24 10:41:48 +0530 - 2 - CP No. 100035 of 2025 DIST. UTTAR KANNADA TO THE PRINCIPAL JUDGE FAMILY COURT HUBBALLI IN THE INTEREST OF JUSTICE AND EQUITY. IN THIS CIVIL PETITION HAVING BEEN HEARD AND RESERVED ON 17.09.2025 AND COMING ON FOR PRONOUNCEMENT OF JUDGMENT THIS DAY, DELIVERED THE FOLLOWING: CAV ORDER (PER: THE HON'BLE MR. JUSTICE G BASAVARAJA) This petition is filed under Section 24 of Code of Civil Procedure, seeking to transfer MC No.51 of 2024 pending on the file of Senior Civil Judge, Honnavar, District: Uttara Kannada to the Court of Principal Judge, Family Court, Hubballi. 2. The learned Counsel for the petitioner would submit that the petitioner is having a child of fifteen months and is finding it difficult in travelling to Honnavar which is 180 kms from Hubballi. It is submitted that the petitioner is residing at her parents house along with her child. The petitioner is unemployed and she is not capable to maintain herself and also to bear the travelling expenses. It is further submitted that the journey from from Hubballi to Honnavar is around 5 to 6 hours which will cause inconvenience to herself as well as the infant. It is submitted that the respondent and his family members have an ill-motive to cause harassment to the petitioner and therefore, has purposefully filed the divorce petition at Honnavar though the - 3 - CP No. 100035 of 2025 respondent is well aware that petitioner is having an infant. On all these grounds, it is sought to allow the petition. Along with the petition, the petitioner has produced copy of the petition filed under Section 10(1)(x) of the Indian Divorce Act, 1869 on the file of Senior Civil Judge at Honnavar. Petitioner has also filed certified copy of the order sheet pertaining to said MC No.51 of 2024. 3. The respondent appeared through his counsel and filed written objection contending that the petition is not maintainable either in law or on facts. It is admitted that the petitioner is the legally wedded wife and their marriage was solemnized on 28th November, 2019 at Samsi Church, Honnavar according to Roman Catholic rites and customs. It is also admitted that the marriage was registered at Sub-Registrar office at Honnavar. It is also admitted that out of their wedlock a boy was born on 15th October, 2023. Respondent loves his son dearly and has always been concerned about the welfare and well-being of his child. Respondent always acted in a responsible manner as a husband and as a father and had made genuine efforts to maintain peace and harmony in the matrimonial relationship. It is stated that the petitioner herself misrepresented the facts and - 4 - CP No. 100035 of 2025 attempted to falsely project herself as a victim while concealing her own contact. It is also admitted that he has filed MC No.51 of 2024 seeking divorce against the petitioner before the Court of Senior Civil Judge at Honnavar. In the said petition, petitioner has entered appearance through her advocate. Further, the claim regarding the travel expenses from Hubballi to Honnavar is denied as untenable. It is stated that the distance between two places is approximately 180 kms and public transportation is regularly available at a reasonable cost. It is also stated that the journey does not cause any extraordinary hardship as alleged in the petition. Further denying the other averments made in the petition, it is sought for dismissal of the petition. 4. I have examined the materials placed before me. It is stated in the petition that the petitioner is an unemployed. The respondent has not placed any material to show that the petitioner has got sufficient means to bear the travelling expenses from Hubballi to Honnavar. It is an admitted fact that the petitioner is having a small child which is aged fifteen months. Considering the grievance of the petitioner, it is just and proper to allow the petition. Resultantly, I proceed to pass following: - 5 - CP No. 100035 of 2025 O R D E R i) Petition is allowed; ii) The MC No.51 of 2024 on the file of Senior Civil Judge, Honnavar, District: Uttara Kannada is withdrawn and made over to the Court of Principal, Judge, Family Court at Hubballi for disposal in accordance with law; iii) Registry to send the copy of this order to both the quotes for taking necessary action. Sd/- (G BASAVARAJA) JUDGE lnn CT-CMU