- 1 - HC-KAR NC: 2025:KHC-D:14468 CP No. 100111 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 28TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE C M JOSHI CIVIL PETITION NO. 100111 OF 2025 BETWEEN: SMT. SAVITA W/O. RAMESH S. B. D/O. SANGAMESHAPPA MAYANNAVAR, AGED ABOUT 43 YEARS, OCC. HOUSEHOLD WORK, H.NO.37, VIVEKANANDA NAGAR, 3RD CROSS, GADAG, NOW AT C/O. SHANTA CLINIC, R/O. SHIVABASAVANAGAR, NEAR HAMALAR COLONY, BETAGERI-GADAG-582101. …PETITIONER (BY SRI. PADMAJA SHRINIVAS TADPATRI, ADVOCATE) AND: SHRI RAMESH S.B. H NO.13, 3RD MAIN ROAD, SANJEEVINI NAGAR, MUDALAPALYA, BENGALURU-560072. …RESPONDENT (BY SRI. K.B. TEJESH, ADVOCATE) THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CPC, 1908, PRAYING TO PASS AN ORDER TRANSFERRING MC NO.6401/2024 PENDING ON THE FILE OF VI ADDL. PRL. JUDGE FAMILY COURT BENGALURU TO PRL. FAMILY COURT GADAG AND ETC. THIS PETITION, COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER: YASHAVANT NARAYANKAR Digitally signed by YASHAVANT NARAYANKAR Date: 2025.10.29 10:57:04 +0530 - 2 - HC-KAR NC: 2025:KHC-D:14468 CP No. 100111 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE C M JOSHI) Heard the learned counsel appearing for the petitioner and the respondent. 2. The petitioner is the wife and the respondent is the husband. The petitioner has filed this petition under Section 24 of the CPC seeking transfer of M.C.No.6401/2024 pending on the file of the learned VI Additional, Principal Judge, Family Court, Bengaluru to the learned Principal Judge, Family Court, Gadag on the ground that she has filed Crl.Misc.No.125/2025 on the file of the learned Principal Judge, Family Court, Gadag seeking maintenance. It is further the case of the petitioner that she being a lady has to look after the child aged about two and a half years and therefore, it would cause inconvenience to her to attend the Court at Bengaluru and that she could not bear the expenses to attend every hearing and the legal expenses at Bengaluru. It is further the case of the petitioner that the respondent though is working at Bengaluru, can attend the Court at Gadag, since she has already filed a petition for maintenance at Gadag. - 3 - HC-KAR NC: 2025:KHC-D:14468 CP No. 100111 of 2025 3. On being served with notice, the respondent has appeared before the Court and filed objection statement. It is the case of the respondent that the first child of the petitioner and the respondent is staying with the respondent and the respondent has to look after himself as well as his aged mother. It is contented that the respondent is suffering from various heart ailments and therefore, he is also unable to attend the Court at Gadag. On a query posed by this Court, the learned counsel for respondent would submit that he is going to file a transfer petition of the proceedings under Section Section 144 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023 to be tried at Bengaluru. 4. On a careful perusal of the records, it is evident that the petitioner being the wife has filed a petition for maintenance at Gadag and she is looking after the younger child aged about two and a half years. 5. On the contrary, the respondent has produced certain documents to show that he is suffering from heart ailments. These documents, especially the one issued by Jayadeva Hospital, Bengaluru, show that he is suffering from type III, Proximal LAD with mild plaquing. For that, he has been advised - 4 - HC-KAR NC: 2025:KHC-D:14468 CP No. 100111 of 2025 certain medications as may be found in the discharge summary. He was admitted for the purpose of coronary angiogram and there is no indication that any stent has been introduced or implanted. So far as his contention that he is looking after his mother is concerned, it is evident that it would not come in the way of the respondent to travel to Gadag whenever the case is heard. It is also pertinent to note that the petitioner is not shown to be earning her livelihood, but on the other hand, the respondent is earning his livelihood and he is also supposed to pay the maintenance to the petitioner. If at all there is a need to travel to Gadag, obviously the respondent would be in an advantageous position than the petitioner since the distance is more than 300 kilometers. This Court also notices that the commuting to Gadag from Bengaluru is easier for a man than a woman commuting to Bengaluru. In that view of the matter, the petitioner has made out sufficient grounds in support of her case. In the result, the petition deserves to be allowed. The learned counsel appearing for the respondent has placed reliance on a judgment rendered by this Court in C.P.No.370/2024, wherein it was observed that there should be - 5 - HC-KAR NC: 2025:KHC-D:14468 CP No. 100111 of 2025 equal treatment of men and women both in domestic affairs and workplaces. The observation of the said judgment is not applicable for the simple reason that the petitioner has already filed a petition under Section 144 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023 at the learned Principal Judge, Family Court, Gadag which in any case, the respondent has to attend. Hence, the petition deserves to be allowed. As such the following order is passed: ORDER i) The petition is allowed. ii) M.C.No.6401/2024 is hereby withdrawn from the learned VI Additional, Principal Judge, Family Court, Bengaluru and transferred to the learned Principal Family Court, Gadag, where the petition filed by the petitioner Under Section 144 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023 is pending. iii) Intimate both the Courts accordingly. SD/- (C M JOSHI) JUDGE SSP CT:PA List No.: 1 Sl No.: 30