- 1 - HC-KAR NC: 2025:KHC-D:7386 CP No. 100028 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 6TH DAY OF JUNE 2025 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL CIVIL PETITION NO.100028 OF 2024 BETWEEN: SMT. GUNAVATHI W/O. GIRISH HEGDE D/O. LATE SHIVARAYA ACHARYA @ SHIVAPPA ACHARYA, AGE: 50 YEARS, OCC: NIL, R/O: “MATHRUSHREE NILAYA” NEAR T GARDEN, SRINIVASNAGAR, SURATKAL – 575 025, TQ AND DIST: DAKSHINA KANNADA. …PETITIONER (BY SRI. RAGHUVEER R. SATTIGERI, ADVOCATE) AND: GIRISH S/O. DATTATRAYA HEGDE, AGE: 48 YEARS, OCC: AGRICULTURE, R/O: KARMANE, POST: TYARASI – 581 355, TQ: SIDDAPUR, DIST: UTTAR KANNADA. …RESPONDENT (BY SRI. VINAY KUMAR, ADVOCATE) THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CODE OF CIVIL PROCEDURE PRAYING TO ALLOW THIS PRESENT PETITION BY WITHDRAWING M.C.NO.43/2023 PENDING ON FILE OF THE SENIOR CIVIL JUDGE SIRSI (SITTING AT SIDDAPUR) AND TRANSFERRING TO THE FAMILY COURT MANGALURU, DAKSHINA KANNADA, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC., THIS CIVIL PETITION, COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:7386 CP No. 100028 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.G.S. KAMAL) 1. The present petition is by the wife seeking transfer of proceedings in M.C.No.43/2023 initiated by the respondent-husband under Section 13(i)(a)i(b) of Hindu Marriage Act pending consideration on the file of the Senior Civil Judge (Itinary) at Siddapur to the Family Court at Mangaluru. 2. Marriage between the petitioner and respondent having taken place on 01.07.2018, at Vishwakarma Kalyana Mantapa Suratkal (D.K.) is not in dispute. It appears due to the marital discord, the respondent has initiated the aforesaid proceedings seeking dissolution of marriage. 3. It is submitted that the distance between Siddapur where the present proceedings is pending consideration and Suratkal is about more than 250 kilometers and the petitioner would be put to hardship to - 3 - HC-KAR NC: 2025:KHC-D:7386 CP No. 100028 of 2024 travel all the way from Suratkal to Siddapur to contest the proceedings effectively. 4. Counsel for the respondent vehemently opposes the request made by the petitioner and submits that Siddapur being the last place of residence of the petitioner and respondent, the said court would get jurisdiction as the marriage was conducted at Suratkal. 5. The marriage of the petitioner and respondent is admittedly had taken place in Suratkal and petitioner is admittedly residing at Suratkal. Even in terms of Section 19 of Hindu Marriage Act, the petition for divorce is required to be filed where the respondent resides. Further, admittedly the distance between Siddapur and Suratkal is 250 kilometers. This Court is of the considered view that petitioner has made out a case of allowing of the petition. 6. For the aforesaid reasons, the petition is allowed directing to present the matter in M.C.No.43/2023 - 4 - HC-KAR NC: 2025:KHC-D:7386 CP No. 100028 of 2024 pending on the file of Senior Civil Judge, Sirsi (Sitting at Siddapur) be transferred to the Family Court at Mangaluru. 7. Since the parties are represented through their counsels, they shall appear before the Family Court on 30.06.2025 without any further notice. Sd/- (M.G.S. KAMAL) JUDGE SH/CT-ASC List No.: 1 Sl No.: 31