- 1 - HC-KAR NC: 2025:KHC-D:9811 CP No. 100118 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 5TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CIVIL PETITION NO. 100118 OF 2025 BETWEEN: SMT. VIJAYALAXMI W/O. PRASAD PATTANSHETTY AGE. 32 YEARS, OCC. SOFTWARE ENGINEER, R/O. AT. SHIVA KRUPA NILAYA, 23RD B CROSS, BEHIND VASAVI SCHOOL, OPP. AKKIMARADI PETROL BUNK, VIDYAGIRI BAGALKOTE-587102. …PETITIONER (BY SRI. SRIDHAR IRAYYA MATAPATHI, ADVOCATE) AND: SHRI PRASAD S/O. BASAVARAJ PATTANSHETTY AGE. 34 YEARS, OCC. SOFTWARE ENGINEER R/O. NO.95B/10B, RAJJEV NAGAR VIDYANAGAR, HUBBALLI-580031. …RESPONDENT (BY SRI. MAHESH WADEYAR, ADVOCATE) THIS CIVIL PETITION FILED UNDER SECTION 24 OF CPC, PRAYING TO TRANSFER THE M.C.NO.141/2025 PENDING ON THE FILE OF PRINCIPAL FAMILY COURT, HUBBALLI TO THE PRINCIPAL FAMILY COURT, BAGALKOTE IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.08.07 10:43:55 +0530 - 2 - HC-KAR NC: 2025:KHC-D:9811 CP No. 100118 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE G BASAVARAJA) Heard the learned Counsel appearing for the parties arguments. 2. This petition is filed under Section 24 of Code of Civil Procedure seeking to transfer the case in MC No.141 of 2025, on the file of Principal Judge, Family Court, Hubbali, to Principal Judge, Family Court, Bagalkote. 3. It is urged in the petition that on 25th March, 2025, respondent-husband filed MC No.141 of 2025 on the file of Principal Judge, Family Court, Hubbali against the petitioner- wife seeking dissolution of marriage. This petition is filed seeking transfer of the case from Family Court, Hubballi to Family Court at Bagalkot. It is stated that Hubbali is about 125 kilometers from Bagalkot and the petitioner is finding it difficult to travel to Hubballi on every date of hearing as the petitioner is staying at her parents house at Bagalkot and there is no one to accompany her to Hubballi. Hence, it is prayed for transfer of MC No.141 of 2025 on the file of Family Court, Hubballi to Family Court at Bagalkot. - 3 - HC-KAR NC: 2025:KHC-D:9811 CP No. 100118 of 2025 4. Along with the petition, the petitioner has produced the certified copy of order sheet pertaining to MC No.141 of 2025 on the file of Principal Judge, Family Court, Hubballi and the copy of the petition filed by the respondent against the petitioner under section 13(1a) of the Hindu Marriage Act. 5. The learned Counsel for the respondent would submit that the petitioner is a software engineer and she knows about the virtual proceedings before the court. She has got sufficient means to bear the traveling expenses from Bagalkot to Hubballi. On all these grounds he sought to dismiss the petition. 6. I have a considered the grounds urged by the petitioner. The Hon’ble Apex Court in the case of SUMITRA SINGH v. KUMAR SANJAY AND ANOTHER reported in AIR 2002 SC 396, has observed that it is the wife’s convenience that must be looked at. The present suit is by the Husband against the wife. Hence, keeping in mind the above decision, so also, considering the facts and circumstances of the case, it is just and proper to allow the petition. Accordingly, I pass the following: - 4 - HC-KAR NC: 2025:KHC-D:9811 CP No. 100118 of 2025 O R D E R i) Civil petition is allowed; ii) MC No.141 of 225 on the file of Principal Family Court at Hubballi is withdrawn and the same is transferred to the Principal, Family Court, Bagalkot; iii) Registry to send the copy of this order to both the Courts for necessary action. Sd/- (G BASAVARAJA) JUDGE lnn Ct-cmu LIST NO.: 1 SL NO.: 56