- 1 - HC-KAR NC: 2025:KHC-D:12144 CP No. 100147 of 2025 IN THE HIGH COURT OF KARNATAKA AT DHARWAD DATED THIS THE 16TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CIVIL PETITION NO. 100147 OF 2025 BETWEEN: SMT. ANUSHA NAYAK W/O. RAJAPPA D/O. LATE VENKATESH NAYAK, AGE. 32 YEARS, OCC. HOUSEHOLD WORK, R/O. WARD NO.13, HOUSE NO.5, DASARAGANTE ONI, TORANAGALLU ROAD, NEAR KRISHNA TEMPLE, KUDATHINI, DIST. BALLARI-583115. …PETITIONER (BY SRI G.V.BHARAMAGOUDAR, ADVOCATE.) AND: SRI RAJAPPA S/O. KANAKAPPA AGE. 45 YEARS, OCC. GOVT. EMPLOYEE, KARNATAKA FIRE AND EMERGENCY SERVICES, VIDHANASOUDHA, R/O. S F NO.4, KABINI BLOCK, MAHADEVAPURA FIRE QUARTERS, BENGALURU-560048. NOW R/O. NATARAJ COLONY, SIDHANUR, DIST. BALLARI-584128. …RESPONDENT (SERVICE OF NOTICE HELD SUFFICIENT.) THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF THE CIVIL PROCEDURE CODE, 1908, PRAYING TO WITHDRAW THE Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.09.20 10:56:18 +0530 - 2 - HC-KAR NC: 2025:KHC-D:12144 CP No. 100147 of 2025 M.C.NO.30/2023 PENDING ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC, AT SINDHANUR AND TRANSFER THE SAME TO THE FAMILY COURT, BALLARI, FOR TRAIL, IN THE INTEREST OF THE JUSTICE AND EQUITY. THIS PETITION COMING ON FOR ADMISSION THIS DAY, ORDER IS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE G BASAVARAJA) Heard the learned counsel for petitioner. 2. This petition is filed by the petitioner under section 24 of the Code of Civil Procedure, 1908, seeking to transfer M.C.No.30/2023, pending on the file of Senior Civil Judge and JMFC, Sindhanur, to the Court of Principal Judge, Family Court, Ballari, on the following grounds. “i) It is submitted that the respondent has filed the divorce petition in M.C No.30/2023 before the Senior Civil Judge and JMFC, At: Sindhanur which is 85 Kms away from Kudathini village, Ballari Dist, where the petitioner resides at her parents' house and there is no direct bus facility available to travel to Sindhanur and the petitioner has to travel to Ballari and then has to reach Sindhanur. ii) The petitioner is already under huge financial crisis because of the non-payment of maintenance by respondent husband. Hence the - 3 - HC-KAR NC: 2025:KHC-D:12144 CP No. 100147 of 2025 petitioner is put to great difficulty when she has to travel all the way from Kudathini village to Sindhanur alone with her three minor children. iii) The petitioner herein is house wife and has no job and has to bear all the expenses to go to Sindhanur. If the said M.C No.30/2023 pending on the file of Senior Civil Judge and JMFC, At: Sindhanur is transferred to Family Court, Ballari, no loss or injustice will be caused to the respondent. On the other hand if the said petition is not transferred to Ballari Family Court the petitioner will be put to great loss, hardship and injustice. iv) The respondent herein has filed the divorce petition in M.C No.30/2023 before the Senior Civil Judge and JMFC, At: Sindhanur which is 85 Kms away from the Kudathini Village, where the petitioner resides, only with an intention to harass and compel the petitioner to agree for the mutual consent divorce.” 3. To substantiate her contentions, along with this petition the petitioner has produced copy of the order dated 12.02.2024, passed in CMC No.412/2022, on the file of Civil Judge and JMFC, Siruguppa and also copy of the petition filed by her husband in Sindhanur Court, under Section 9 of the Hindu Marriage Act, for restitution of conjugal rights in - 4 - HC-KAR NC: 2025:KHC-D:12144 CP No. 100147 of 2025 M.C.No.30/2023 and the certified copy of the order sheet pertaining to the said case. 4. Despite service of notice, the respondent has remained absent and unrepresented. Absolutely there are no materials to discard the grounds urged by the petitioner in the petition. Accordingly accepting the reasons assigned in the petition, I proceed to pass the following: ORDER i) The petition filed under section 24 of CPC is allowed. ii) M.C.No.30/2023 pending on the file of Senior Civil Judge and JMFC, Sindhanur, is withdrawn and transferred to the Court of Principal Judge, Family Court, Ballari, for disposal in accordance with law. - 5 - HC-KAR NC: 2025:KHC-D:12144 CP No. 100147 of 2025 iii) Registry is directed to send a copy of this order to the respondent/husband through speed post. iv) Registry is directed to send a copy of this order to both the Courts for taking necessary action. Sd/- (G BASAVARAJA) JUDGE MRK CT-CMU LIST NO.: 1 SL NO.: 41