SMT KAVITA W/O YOGESH HIREMATH v. SRI YOGESH BASALINGAYYA HIREMATH
CP/100166/2025 · 2025-09-22
G Basavaraja
body2025
DailyLaw.ai
[ 2025 DAILYLAW 46987 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 46987 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR NC: 2025:KHC-D:12832 CP No. 100166 of 2025
IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 22ND DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CIVIL PETITION NO. 100166 OF 2025
BETWEEN:
SMT. KAVITA W/O. YOGESH HIREMATH AGE. 33 YEARS, OCC. HOUSEHOLD C/O. INDUDARAYYA S. HIREMATH.
R/AT. JANATH PLOT NO 12, LOKAPUR, TQ. MUDHOL DIST. BAGALKOT-587122. …PETITIONER (BY SRI. SIDDAPPA SAJJAN, ADVOCATE)
AND:
SRI. YOGESH BASALINGAYYA HIREMATH AGE. 35 YEAR, OCC. AGRICULTURE R/AT. BOMMANAGI, TQ. AND DIST. BAGALKOT-587101 …RESPONDENT (SERVICE HELD SUFFICIENT)
THIS CIVIL PETITION IS FILED U/SEC.24 OF CPC, PRAYING TO WITHDRAW THE PETITION MC NO.64/2025 U/SEC.
13(1)(1A)(1B) OF HINDU MARRIAGE ACT BEFORE PRL. JUDGE FAMILY COURT AT BAGALKOTE, TRANSFER TO THE COURT OF PRL. SENIOR CIVIL JUDGE AT MUDHO, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.,.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
Digitally signed by CHANABASAPPA K KALLUR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.09.25 11:55:05 +0530
- 2 -
HC-KAR NC: 2025:KHC-D:12832 CP No. 100166 of 2025
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE G BASAVARAJA)
1. Heard the arguments of learned counsel for the petitioner and learned counsel for the respondent.
2. The petitioner, Smt.Kavita W/o Yogesh Hiremath, has filed this petition under Section 24 of the Code of Civil Procedure, 1908 (for short, ‘the CPC’), seeking to transfer the proceedings in M.C.No.64/2025 from the Court of the Principal Judge, Family Court, Bagalkot to the Principal Senior Civil Judge at Mudhol, on the following grounds: i. The distance between the Bagalkot and Lokapur is more than 60 kms, and the petitioner needs to change buses before reaching Bagalkot from Lokapur, this being so, it is very difficult for her to travel alone since she is handicapped to Bagalkot whenever the case is taken up for hearing, at Bagalkot. ii. The petitioner submits that, she has no any source of income, and nobody is there to accompany the
- 3 -
HC-KAR NC: 2025:KHC-D:12832 CP No. 100166 of 2025
petitioner and she is not working and not able to maintain herself and her daughter and she not in a position to spend for travelling and there is harassment at Bagalkot and it has become very difficult to the petitioner to attend at Bagalkot. iii. That, even though the petitioner is ever ready to lead happy married life despite all these shortcoming from his side in the past, but unable look after herself, the petitioner is presently residing at Lokapur. But knowing very well about this, the respondent with an intention to further harass, has filed this petition at Bagalkot.”
3. Along with this petition, the petitioner has produced a copy of the petition filed under Section 13(1)(ia) of the Hindu Marriage Act, 1955, by respondent-Yogesh.
4. There are no materials to disbelieve the grounds urged by the learned counsel for the petitioner. Hence, I proceed to pass the following:
- 4 -
HC-KAR NC: 2025:KHC-D:12832 CP No. 100166 of 2025
ORDER i. Civil Petition is allowed; ii. M.C. No.64/2025, pending on the file of the Principal Judge Family Court at Bagalkot, is hereby withdrawn and transferred to the Principal Senior Civil Judge at Mudhol, for disposal in accordance with law; iii. The Registry is directed to send a copy of this order to the respondent by Registered Post Acknowledgment Due; iv. The Registry is also directed to send a copy of this order to both the Courts, for taking necessary action.
Sd/- (G BASAVARAJA) JUDGE
AC Ct-cmu LIST NO.: 1 SL NO.: 24