- 1 - HC-KAR NC: 2025:KHC-D:12833 CP No. 100094 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. 100094 OF 2025 BETWEEN: SMT. MEGHA W/O. PRADEEP YARAGATTI AGE. 28 YEARS, OCC. NIL, R/O. H.NO.303, 30 ENCLAVE, AZAM NAGAR, BOUXITE ROAD, BELAGAVI TQ.DIST. BELAGAVI, PIN. 590007. PRESENTLY RESIDING AT CHIKKODI CHAWL BACKSIDE OF TAHASILDAR OFFICE, GOKAK, TQ. GOKAK DIST. BELAGAVI-591306 …PETITIONER (BY SRI. MAHANTESH HIREMATH AND SRI. S.M. MUCHHANDI, ADVOCATE) AND: SHRI. PRADEEP S/O. BASAVARAJ YARAGATTI AGE. 28 YEARS, OCC. GOVERNMENT SERVANT R/O. H.NO.303, 30 ENCLAVE, AZAM NAGAR, BOUXITE ROAD, BELAGAVI, TQ.DIST. BELAGAVI-590007 PRESENTLY RESIDING IN, LAND SURVEY AND MEASUREMENT DEPARTMENT TAHASILDAR OFFICE, GOKAK TQ. GOKAK, DIST. BELAGAVI-591307. …RESPONDENT (NOTICE SERVED TO RESPONDENT) THIS CP IS FILED UNDER SECTION 24 OF CIVIL PROCEDURE CODE, PRAYING TO TRANSFER THE M.C. CASE NO.362/2024 PENDING ON THE FILE OF FAMILY COURT, MALLIKARJUN RUDRAYYA KALMATH Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Date: 2025.09.24 10:41:49 +0530 - 2 - HC-KAR NC: 2025:KHC-D:12833 CP No. 100094 of 2025 BELAGAVI TO PRINCIPAL CIVIL JUDGE SENIOR DIVISION COURT GOKAK AND ETC.,. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: 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.Megha W/o Pradeep Yaragatti, 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.362/2024 from the Court of the Family Court, Belagavi, to the Principal Civil Judge Senior Division Court, Gokak, on the following grounds: i. It is submitted that this petitioner & respondent are residing at Gokak. ii. It is submitted that the respondent has filed M.C.Case at Family Court Belagavi only to harass the petitioner. It is submitted that he could have filed to same petition at Gokak. - 3 - HC-KAR NC: 2025:KHC-D:12833 CP No. 100094 of 2025 iii. It is submitted that the petitioner is having health problems & she has become mentally weak & It is causing lot of health problems for travelling from all the way to Belagavi, which is 60 k.m., away. iv. It is submitted that her case for maintenance is pending in Gokak Court & if this case is transferred to Gokak then, it will be more convenient for her to attend Gokak Court. v. It is also submitted that petitioner having life threat from the respondent as he is rich, influential & Government Servant. vi. It is submitted that the petitioner is not a working women & it will take more than two hours to travel from Gokak to Belagavi. And due to ill-health it is creating lot of problems. vii. Petitioner is having old aged parents & they are not having sufficient resources for attending the courts. viii. It is submitted that she is house wife & she is not having independent income. ix. It is submitted that the respondent is working in City Survey Department at Gokak & if the case is transferred to Gokak then, no inconvenience will be caused to him.” 3. Along with this petition, the petitioner has produced the following documents: - 4 - HC-KAR NC: 2025:KHC-D:12833 CP No. 100094 of 2025 i. Certified copy of the order sheet in Crl. Misc. No.732/2024 pending on the file of the Principal Civil Judge and JMFC, Gokak. ii. Copy of the petition filed under Section 144 of the BNSS in Crl. Misc. No.732/2024, together with a copy of the interim application filed under Section 144(D) of the BNSS Act, along with the affidavit and the copy of objections filed by the respondent to the said interim application filed by the present petitioner. iii. Certified copy of the order sheet in M.C. No.362/2024 pending on the file of the Family Court, Belagavi, along with a copy of the petition filed under Section 9 of the Hindu Marriage Act before the Principal Judge, Family Court, Belagavi. 4. Despite service of notice, respondent remained absent and unrepresented. 5. There are no materials to disbelieve the grounds urged by petitioner. Hence, I proceed to pass the following order: - 5 - HC-KAR NC: 2025:KHC-D:12833 CP No. 100094 of 2025 ORDER i. Civil Petition is allowed; ii. M.C. No.362/2024, pending on the file of the Family Court, Belagavi, is hereby withdrawn and transferred to the Principal Civil Judge Senior Division Court Gokak 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.: 44