- 1 - HC-KAR NC: 2025:KHC-D:11232 CP No. 100150 of 2025 IN THE HIGH COURT OF KARNATAKA AT DHARWAD DATED THIS THE 02ND DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CIVIL PETITION NO. 100150 OF 2025 BETWEEN: SMT. HEMAVATHI W/O. VEERESH KUMAR HOMBAL AGE. 39 YEARS, OCC. HOUSEHOLD R/O. SAMRUDHI PLOT NO.140, SADHUNAVAR ESATE, AGRICULTURE COLLEGE DHARWAD-580005. …PETITIONER (BY SRI M.A.PATHAN AND A.M.SHALIBAN, ADVOCATES) AND: SHRI VEERESHKUMAR S/O. AYYAPPAYYA HOMBAL AGE. 42 YEARS, R/O. NISHBAHAD NAGAR, 3RD CROSS, HALLEPETE ROAD, KUDUR, TQ. MAGADI, RAMANAGAR-561110. …RESPONDENT (NOTICE IS SERVED.) THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF THE CIVIL PROCEDURE CODE, 1908, PRAYING TO TRANSFER THE M.C.NO.57/2024, PENDING ON THE FILE OF SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, MAGADI, RAMANAGARA, TO THE COURT OF PRINCIPAL FAMILY COURT, DHARWAD, IN THE INTEREST OF JUSTICE AND ETC.,. CHANABASAPPA K KALLUR Digitally signed by CHANABASAPPA K KALLUR Date: 2025.09.09 10:54:17 +0530 - 2 - HC-KAR NC: 2025:KHC-D:11232 CP No. 100150 of 2025 THIS PETITION COMING ON FOR FINAL HEARING THIS DAY, ORDER IS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE G BASAVARAJA) Heard the arguments of learned counsel for petitioner. Though notice issued to the respondent is served, he remained absent and unrepresented. 2. This petition is filed by the petitioner under section 24 of the Code of Civil Procedure, 1908, seeking to transfer M.C.No.57/2024, pending on the file of Senior Civil Judge and JMFC, Magadi, Ramanagara, to the Court of Principal Family Court, Dharwad, on the following grounds. “a) That, Petitioner has undergone Umbilical Hernia surgery and she is having the problem of coughing and straining as the doctor suggested her that it only reduces when lying down with that reason, she is unable to walk anywhere. As this fact that it is difficult for the Petitioner to attended any proceedings before the Senior Civil Judge and J.M.F.C, Magadi, Ramanagara and the discharge summary is here produced vide Annexure-‘D’. b) That, the Petitioner is not a working lady and she completely dependent on the income - 3 - HC-KAR NC: 2025:KHC-D:11232 CP No. 100150 of 2025 of her aged parents for this the Petitioner had filed the Maintenance Petition against the Respondent before the Hon'ble Family court, Dharwad and the Hon'ble court was pleased to grant Rs.15,000/- as interim maintenance but from the date of order till today the respondent has not paid a single penny to the Petitioner. c) That, the Petitioner is having two minor children who are staying along with the Petitioner in her residence and the Petitioner is not a working lady and both the daughters are completely dependent on the Petitioner. d) That, the case before the Hon'ble Senior Civil Judge and J.M.F.C, Magadi, Ramanagara, is for Restitution of Conjugal Rights which filed by the Respondent, only with an intention to harass the Petitioner.” 4. To substantiate her contentions, along with the petition the petitioner has produced copy of the petition filed by her husband in Magadi Court, under Section 9 of the Hindu Marriage Act, for restitution of conjugal rights in M.C.No.57/2024 and also certified copy of the order sheet in the said M.C. petition. She has also produced copy of the petition filed by her under section 125 of Cr.P.C. before the Family Court, Dharwad, in Crl.Misc.No.135/2024 and - 4 - HC-KAR NC: 2025:KHC-D:11232 CP No. 100150 of 2025 discharge summary issued by the SDM College, Dharwad, to this petitioner is also produced. 5. Despite service of notice, the respondent remained absent and unrepresented. There are no materials to discard the grounds urged by the petitioner in the petition. Considering the grievance of the petitioner, accepting the grounds assigned in the petition, it is just and proper to allow this petition. Hence, I proceed to pass the following: ORDER i) The petition filed under section 24 of CPC is allowed. ii) M.C.No.57/2024 pending on the file of Senior Civil Judge and JMFC, Magadi, Ramanagara, shall be transferred to the Court of Principal Family Court, Dharwad, for disposal in accordance with law. - 5 - HC-KAR NC: 2025:KHC-D:11232 CP No. 100150 of 2025 iii) Registry to send a copy of this order to the respondent/husband through speed post/ RPAD. iv) Registry to send a copy of this order to both the Courts for taking necessary action. Sd/- (G BASAVARAJA) JUDGE MRK CT-CMU LIST NO.: 1 SL NO.: 59