- 1 - HC-KAR NC: 2025:KHC-D:11231 CP No. 100078 of 2025 IN THE HIGH COURT OF KARNATAKA AT DHARWAD DATED THIS THE 2ND DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CIVIL PETITION NO. 100078 OF 2025 BETWEEN: SMT. ROHINI W/O. RAVI KORI AGE: 35 YEARS, R/O. C/O. SHRI PARAPPA DHARIGOUDAR, GANESH NAGAR, SHINNAL TANGADI ROAD, ATHANI, DIST. BELAGAVI. …PETITIONER (BY SRI V.J. HAVALDAR, FOR SRI SHIVRAJ S. BALLOLI, ADVOCATE) AND: SHRI RAVI S/O. IRAPPA KORI AGE: 45 YEARS, OCC: PRIVATE SERVICE R/O. H.NO.1519, 18TH CROSS, ANJANEYA NAGAR, BELAGAVI. …RESPONDENT (BY SRI P.G.CHIKKANARAGUND, ADVOCATE.) THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF THE CIVIL PROCEDURE CODE, 1908, PRAYING TO ALLOW THE ABOVE CIVIL PETITION AND TRANSFER THE M.C.NO.375/2024 ON THE FILE OF THE FAMILY COURT, BELAGAVI, TO SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, ATHANI AND ETC.,. THIS PETITION COMING ON FOR ADMISSION THIS DAY, ORDER IS MADE THEREIN AS UNDER: MALLIKARJUN RUDRAYYA KALMATH Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Date: 2025.09.11 10:35:50 +0530 - 2 - HC-KAR NC: 2025:KHC-D:11231 CP No. 100078 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE G BASAVARAJA) Heard the arguments of learned counsel for petitioner and the learned counsel for the respondent. 2. This petition is filed by the petitioner under section 24 of the Code of Civil Procedure, 1908, seeking to transfer M.C.No.375/2024, pending on the file of Family Court, Belagavi, to the Court of Senior Civil Judge and JMFC, Athani, on the following grounds. “1. It is submitted that, the respondent has initiated the proceedings which is sought to be transferred, now at Belagavi, only with a mala-fide intention to harass and pressurize the petitioner to succumb to illegal and arbitrary demands of the respondent. 2. It is significant to note here that, the respondent herein was harassed by the respondent to leave the matrimonial house and stay at her parental house in Belagavi. 3. This being the case, the respondent has filed a false and frivolous case against the petitioner in MC No.375/2024 on the file of the Hon'ble Family Court, Belagavi. - 3 - HC-KAR NC: 2025:KHC-D:11231 CP No. 100078 of 2025 4. The petitioner is at present staying in Athani which is almost 145 Kms from Belagavi. Knowing all this fact, the respondent has intentionally filed the case in Belagavi so as to harass the petitioner. 5. It is pertinent to note that the petitioner out of wedlock has a minor child by name Khushi @ Shravani would be very difficult to frequently attend the proceedings in MC No.375/2024. 6. The petitioner is struggling and unable to maintain her minor child, herself and her old aged parents hence currently residing at her parental house in Athani and is entirely dependent on her parents for financial and other support. 7. Further, it would take almost half a day for the petitioner to travel and attend the proceedings in MC No. 375/2024 on the file of Hon'ble Family Court, Belagavi which is not at all affordable and convenient to the petitioner. 8. Moreover, the petitioner also apprehends threat to her life if she is made to attend the proceedings in MC No.375/2024 on the file of Hon'ble Family Court, Belagavi. 9. Hence, in the event the aforesaid petition filed by the respondent in MC No. 375/2024 on the file of Hon'ble Family Court, Belagavi is not transferred, the petitioner will be put to untold misery and hardship, in as much as the petitioner will be required to travel to all the way from Athani to Belagavi to attend the said matter, as she does not know in and around Belagavi and she will have to be accompanied by either her mother or relative each time the said - 4 - HC-KAR NC: 2025:KHC-D:11231 CP No. 100078 of 2025 matter is posted before the Court for conciliation since her presence will be required for the adjudication of the matter and on her absence there will be a gate open for an ex-parte decree which will prejudice the petitioner herein. Also, there are several life threats made on the petitioner by the respondent and his relatives who are residing at Belagavi, which itself suffice to show the difficulties faced by the petitioner and the way the respondent is abusing the process of law just to hamper on the petitioner. 10. The respondent is employed in the private sector and is also owner of agricultural lands, deriving substantial income from both his private employment and agricultural activities. He will not be subjected to any loss, hardship or inconvenience, if the above petition is allowed.” 3. To substantiate her contentions, along with the petition the petitioner has produced copy of the petition filed by her husband in Belagavi Court, under Section 13(1)(i)(ia) and (ib) of the Hindu Marriage Act, for dissolution of marriage in M.C.No.375/2024 and also the certified copy of order sheet in the said M.C. petition. 4. The respondent appeared through his counsel. Learned counsel for respondent has opposed for transfer of this petition to Athani Court. He has submitted that only to - 5 - HC-KAR NC: 2025:KHC-D:11231 CP No. 100078 of 2025 harass this respondent, the petitioner has filed this petition and that there are no grounds to allow this petition and sought for dismissal of the petition. 5. The petitioner has clearly stated that the petitioner has filed a petition under section 125 of Cr.P.C. in Crl.Misc.No.613/2023 before the JMFC Court, Athani. It is submitted by the petitioner’s counsel that since the respondent has willfully neglected and deserted this petitioner, the petitioner has filed the petition before the JMFC Court, Athani. 6. Considering all these facts and the grievance of the petitioner, it is just and proper to allow this petition. Therefore, accepting the reasons assigned in the petition, I proceed to pass the following: ORDER i) The petition filed under section 24 of CPC is allowed. - 6 - HC-KAR NC: 2025:KHC-D:11231 CP No. 100078 of 2025 ii) M.C.No.375/2024 pending on the file of Family Court, Belagavi, shall be transferred to the Court of Senior Civil Judge and JMFC, Athani, for disposal in accordance with law. iii) 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.: 56