- 1 - HC-KAR NC: 2025:KHC-D:7406 CP No. 100089 of 2025 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.100089 OF 2025 BETWEEN: SMT. SUDHA W/O. CHANNABASANAGOUDA PATIL, AGED ABOUT 31 YEARS, OCC: HOME MAKER, R/O: MADALLI, TALUK: LAXMESHWAR, DIST: GADAG, PIN CODE – 582 116. …PETITIONER (BY SRI. SACHIN C. ANGADI, ADVOCATE) AND: 1. SHRI. CHANNABASANAGOUDA S/O. BHARAMAGOUDA PATIL, AGE: 45 YEARS, OCC: AGRICULTURE, (AS PER G AND W.3/2023 PETITION), AND ORIGINALLY IS OCC: REAL ESTATE BUSINESS, R/O: BHRAMHAGIRI, RAJANAGAR, 2ND CROSS, MALAPUR, DHARWAD, PIN CODE – 580 008. 2. SMT. DEVAKKA W/O. CHANDRAPPA BARADWAD, AGED ABOUT 50 YEARS, OCC. HOME MAKER, Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:7406 CP No. 100089 of 2025 R/O: MADALLI, TALUK: LAXMESHWAR, DIST: GADAG, PIN CODE – 582 116. 3. SRI. CHANDRAPPA BARADWAD, AGED ABOUT 55 YEARS, OCC: HOME MAKER, R/O: MADALLI, TALUK: LAXMESHWAR, DIST: GADAG, PIN CODE – 582 116. 4. SRI. BASALINGAPPA S/O. CHANDRAPPA BARADWAD, AGED ABOUT 32 YEARS, OCC: AGRICULTURE, R/O: MADALLI, TALUK: LAXMESHWAR, DIST: GADAG, PIN CODE – 582 116. …RESPONDENTS (BY SRI. G.N.KADEMANI, ADVOCATE FOR R1; NOTICE TO R3 AND R4 ARE SERVED; R2 AS PER POSTAL TRACK) CIVIL PETITION IS FILED UNDER SECTION 24 OF CIVIL PROCEDURE CODE PRAYING TO WITHDRAW G AND W.3/2023 PENDING BEFORE THE PRINCIPAL JUDGE, FAMILY COURT DHARWAD AND TRANSFER THE SAME TO THE SENIOR CIVIL JUDGE AND JMFC COURT LAXMESHWAR DISTRICT GADAG IN THE INTEREST OF JUSTICE. THIS CIVIL PETITION, COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:7406 CP No. 100089 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.G.S. KAMAL) This petition is by the wife of respondent and mother of minor children Kumari Chandana who is aged 7 years and Kumar Bhuvanagouda who is aged 1½ year, seeking transfer of petition filed by the respondent-husband-father of the said minor children in G & WC No.3/2023 pending consideration on the file of Family Court, Dharwad to the Senior Civil Judge and JMFC Court, Laxmeshwar, district Gadag. 2. Learned counsel for the petitioner appearing through Video Conference submits that, the minor children are residing with their mother – the petitioner herein within the jurisdiction of the Court at Laxmeshwar and the petition filed by the respondent-husband before the Court at Dharwad is not maintainable. Besides, the distance between Dharwad and Laxmeshwar is about 50 kilo meters. When the small children are aged 7 years and 1½ year old respectively, it will be difficult for her to prosecute the matter, travelling all the way to Dharwad. - 4 - HC-KAR NC: 2025:KHC-D:7406 CP No. 100089 of 2025 3. Learned counsel appearing for the respondent on the other hand vehemently opposed the petition submitting that, the petitioner has suppressed the material facts. That at the time of filing of the petition by the respondent-father, the minor children were residing within the jurisdiction of the Court at Dharwad and only thereafter, the children have been taken away without the knowledge of the respondent-husband. Hence, the petitioner is not entitled for relief sought for. 4. Heard and perused the records. 5. The above G & WC No.3/2023 is filed by the respondent/husband father of the minor children under Sections 7 and 25 of the Guardians and Wards Act, 1890. Provisions of the said Act mandates that, any petition concerning custody or guardianship of the minor children shall be filed before the Court with whose jurisdiction the minor children are residing. 6. Perusal of paragraph No.7 of the petition filed by the respondent-husband-father, would indicate that the minor children aged about 7 years and 1½ years are residing at Laxmeshwar even at the time of filing of the petition. In that view of the matter, in the light of the aforesaid provisions of - 5 - HC-KAR NC: 2025:KHC-D:7406 CP No. 100089 of 2025 law, the petition could not have been filed before the Court at Dharwad. Petitioner who is the mother of the minor children residing at Laxmeshwar as contended by the learned counsel for the petitioner would find it difficult to prosecute the matter at Dharwad. Therefore, petition is allowed. 7. The proceedings in G & WC No.3/2023 pending before the Family Court, Dharwad be withdrawn and be transferred to Senior Civil Judge and JMFC Court at Laxmeshwar. 8. Since, the parties are represented through their counsel they shall appear before the Court at Laxmeshwar on 30.06.*2025 without further notice. Sd/- (M.G.S. KAMAL) JUDGE SMM/CT-ASC List No.: 1 Sl No.: 38 *Corrected vide chamber order dated 20.06.2025. Sd/- (MGSKJ)