- 1 - HC-KAR NC: 2025:KHC-D:13025 CP No. 100152 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 24TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CIVIL PETITION NO. 100152 OF 2025 BETWEEN: SMT. NEHANAZ W/O. DADA HAYATH KHALANDER D/O. KAMAL BASH BENNI AGE. 22 YEARS, OCC. HOUSEHOLD WORK, R/O. NEAR B.G. SCHOOL, NEST BHAVANI GENERAL STORE, 2ND CROSS, SAMPIGE NAGAR, DHARWAD, DIST. DHARWAD 580008. …PETITIONER (BY SRI. M.A. MAKANDAR, ADVOCATE AND SRI. SHIDDALINGANAGOUD DODDAGOUDAR, ADVOCATE) AND: SHRI DADA HAYATH KKHALANDER S/O. NIZAMUDDIN B.L. AGE: 29 YEARS, OCC. PVT. SERVICE, R/O. #201, WARD NO.13, ABDUL AZEEZ STREET, MILLERPET BALLARI, DIST. BALLARI 593103. …RESPONDENT (NOTICE SERVED TO RESPONDENT) THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CPC, PRAYING TO PASS ORDER TRANSFERRING O.S.NO.20/2025 PENDING ON THE FILE OF PRINCIPAL JUDGE, FAMILY COURT, BALLARI TO THE COURT AT PRINCIPAL JUDGE, FAMILY COURT, DHARWAD IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.09.26 14:38:09 +0530 - 2 - HC-KAR NC: 2025:KHC-D:13025 CP No. 100152 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE G BASAVARAJA) Petitioner/wife has filed this petition under Section 24 of the CPC to transfer the Original Suit No.20/2025 pedning before the Principal Judge, Family Court at Ballari to the Court of Principal Judge, Family Court at Dharwad on the following grounds: “1. That the suit filed by the respondent is false, misleading and has been filed only with an intention to harass the petitioner. 2. The petitioner is currently residing at Dharwad and within a few months of her marriage she has been driven out of her matrimonial house. Since then she has been staying at her parents place at Dharwad. 3. The petitioner being an unemployed lady finds difficult to travel and attend the case pending at the Ballari. 4. That the petitioner being a lady has to be necessarily accompanied by a male member of the family in order to attend the pending case at Ballari. - 3 - HC-KAR NC: 2025:KHC-D:13025 CP No. 100152 of 2025 5. The petitioner bonafidely believes that her life would be at risk in case she attends the case at Ballari as the respondent and his family members have previously held life threats to her. 6. The distance between Dharwad to Ballari is around 240 kms and the petitioner is severely inconvenienced each time she has to appear before the court at Ballari. Petitioner apprehends that she would be greatly inconvenienced as she would be forced to stay in a private accommodation in a totally hostile environment by putting her life at risk. 7. The petitioner is forced to expend significant amount which is spent on travelling and bearing other expenses. With no independent income, it's a great financial burden upon the petitioner's parents in travelling to Ballari and meeting the litigation expenses as well. 8. It is submitted that the father of the petitioner has residing with her parents’ house at Dharwad and the petitioner’s parents are in shock due to the failure of the marriage of her daughter. 9. The petitioner is forced to expend significant amount which is spent on travelling and bearing other expenses, it's a great financial burden - 4 - HC-KAR NC: 2025:KHC-D:13025 CP No. 100152 of 2025 upon the petitioner in travelling to Ballari and meeting the litigation expenses as well. 10. In a decision reported in AIR 2002 SC 396, Sumita Singh v. Kumar Sanjay and another, the Apex Court has held that in a proceedings instituted by the husband the convenience of the wife has to be look into.” 2. Along with this petition, petitioner/wife has also produced the copy of plaint pertaining to Original Suit No.20/2025 filed before the Court of Principal Judge, Family Court, Ballari and the order sheet pertains to the said case so also the copy of notice issued to her by the Court in O.S.No.20/2025. 3. Despite service of notice, sole respondent/husband remained absent and un-represented. There are no materials to discard the grounds urged by the petitioner/wife in this petition. Hence, I proceed to pass the following : ORDER (i) Petition is allowed. (ii) Original Suit No.20/2025 on the file of Principal Judge, Family Court, Ballari is withdrawn and - 5 - HC-KAR NC: 2025:KHC-D:13025 CP No. 100152 of 2025 same is transferred to the Court of Principal Judge, Family Court at Dharwad for disposal in accordance with law. (iii) Send copy of this order to the respondent/husband through registered post acknowledgment. (iv) Registry is also directed to send copy of this order to both Courts for taking necessary action. Sd/- (G BASAVARAJA) JUDGE CKK CT-CMU LIST NO.: 1 SL NO.: 11