- 1 - HC-KAR NC: 2025:KHC-D:8144 CP No. 100050 of 2024 C/w. CP No.100049 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 27TH DAY OF JUNE 2025 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL CIVIL PETITION NO.100050 OF 2024 C/W. CIVIL PETITION NO.100049 OF 2024 IN CP NO.100050/2024: BETWEEN: SMT. SWETHA K W/O. MANOHAR D/O. LATE KAMPLI HANUMANTHAPPA, AGE: 35 YEARS, OCC: HOUSEWIFE, R/O: WARD NO.7, PANDURANG COLONY, ANANATHASHAYANGUDI, NEAR M.P.PRAKASH NAGAR, HOSPET – 583 273, DIST: VIJAYANAGAR. …PETITIONER (BY SRI. K. L. PATIL, ADVOCATE) AND: MANOHAR K S/O. CHANDRASHEKAR K., AGE: 39 YEARS, OCC: MILK VENDOR, R/O: WARD NO.34, ERANNA TEMPLE ROAD, BATHRI, BALLARI – 583 101. …RESPONDENT THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CIVIL PROCEDURE CODE, 1908 PRAYING TO PASS AN ORDER TRANSFERRING M.C.NO.126/2023 PENDING ON THE FILE OF Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:8144 CP No. 100050 of 2024 C/w. CP No.100049 of 2024 PRINCIPAL JUDGE FAMILY COURT BALLARI TO SENIOR CIVIL JUDGE COURT, HOSAPETE, IN THE INTEREST OF JUSTICE AND EQUITY. IN CP NO.100049/2024: BETWEEN: SMT. SWETHA K W/O. MANOHAR D/O. LATE KAMPLI HANUMANTHAPPA, AGE: 35 YEARS, OCC: HOUSEWIFE, R/O: WARD NO.7, PANDURANG COLONY, ANANATHASHAYANGUDI, NEAR M.P.PRAKASH NAGAR, HOSPET – 583 273, DIST: VIJAYANAGAR. …PETITIONER (BY SRI. K. L. PATIL, ADVOCATE) AND: MANOHAR K S/O. CHANDRAKANT K., AGE: 39 YEARS, OCC: MILK VENDOR, R/O: WARD NO.34, ERANNA TEMPLE ROAD, BATHRI, BALLARI – 583 101. …RESPONDENT THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CIVIL PROCEDURE CODE, 1908 PRAYING TO PASS AN ORDER TRANSFERRING G & WC No.10/2023 PENDING ON THE FILE OF PRINCIPAL JUDGE FAMILY COURT BALLARI TO SENIOR CIVIL JUDGE COURT, HOSAPETE, IN THE INTEREST OF JUSTICE AND EQUITY. THESE PETITIONS, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:8144 CP No. 100050 of 2024 C/w. CP No.100049 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.G.S. KAMAL) 1. Civil Petition No.100049/2024 is filed seeking transfer of petition filed by the respondent-husband-father of the minor children in G & WC No.10/2023 pending consideration on the file of Principal Family Court, Ballari to the Senior Civil Judge Court, Hosapete. 2. Civil Petition No.100050/2025 is filed seeking transfer of proceedings in MC No.126/2023 initiated by the respondent-husband under Section 9 of the Hindu Marriage Act, pending consideration on the file of the Principal Judge, Family Court, Ballari, to the Senior Civil Judge Court, Hosapete. 3. Notice to the respondent is held sufficient by separate order. 4. Heard. Perused the records. 5. Marriage between the petitioner and respondent having taken place on 07.05.2009, at Ballari and three - 4 - HC-KAR NC: 2025:KHC-D:8144 CP No. 100050 of 2024 C/w. CP No.100049 of 2024 children namely Isha, Prajawala K. and Gagan Deepak K., having born out of the said marriage is not in dispute. 6. It appears due to the marital discord, parties are staying separately. Respondent has initiated the proceedings seeking restitution of conjugal rights in MC No.126/2023 before the Principal Judge, Family Court, Ballari. Respondent has also initiated the proceedings in G & WC No.10/2023 before the Principal Judge, Family Court, Ballari. 7. It is submitted that the distance between Ballari where the present proceedings are pending consideration and Hosapete is about more than 65 kilometers and the petitioner would be put to hardship to travel all the way from Hosapete to Ballari to contest the proceedings effectively. 8. The above G & WC No.10/2023 is filed by the respondent-husband father of the minor children under Sections 7, 8 and 17 of the Guardians and Wards Act, 1890. Provisions of the said Act mandates that, any - 5 - HC-KAR NC: 2025:KHC-D:8144 CP No. 100050 of 2024 C/w. CP No.100049 of 2024 petition concerning custody or guardianship of the minor children shall be filed before the Court within whose jurisdiction the minor children are residing. 9. Perusal of paragraph No.1 of the petition filed by the respondent-husband-father, would indicate that the minor children are residing at Hosapete even at the time of filing of the petition. In that view of the matter, in the light of the aforesaid provisions of law, the petition could not have been filed before the Court at Ballari. Petitioner who is the mother of the minor children residing at Hosapete as rightly contended by the learned counsel for the petitioner would find it difficult to prosecute the matter at Ballari. As regard petition filed seeking restitution of conjugal rights even in terms of Section 19(ii) of the Hindu Marriage Act, the petition is required to be filed where the respondent resides. 10. Accordingly, the following: - 6 - HC-KAR NC: 2025:KHC-D:8144 CP No. 100050 of 2024 C/w. CP No.100049 of 2024 ORDER i) CP No.100050/2024 is allowed. The proceedings in M.C.No.126/2023 pending on the file of Principal Judge, Family Court, Ballari be withdrawn and transferred to the Senior Civil Judge Court at Hosapete. ii) CP No.100049/2024 is allowed. The proceedings in G & WC No.10/2023 pending before the Principal Judge, Family Court, Ballari be withdrawn and transferred to the Senior Civil Judge Court at Hosapete. iii) The Senior Civil Judge Court at Hosapete, shall ensure prompt and effective service of notice on the parties and proceed in accordance with law. Sd/- (M.G.S. KAMAL) JUDGE SMM/CT-ASC List No.: 1 Sl No.: 36