- 1 - HC-KAR NC: 2025:KHC-D:7869 CP No. 100086 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 20TH DAY OF JUNE 2025 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL CIVIL PETITION NO.100086 OF 2025 BETWEEN: SHRADDHA SAHINATH RANE W/O. SANKET NARAYAN SALUNKE, A/A: 29 YEARS, OCC: HOUSEHOLD, R/O: 1455 E, SHREE MATHA BUILDING NAGPOND, PO: SADASHIVAGAD, KARWAR, DIST: UTTARA KANNADA - 581 301. …PETITIONER (BY SRI. VISHWANATH HEGDE, ADVOCATE) AND: SANKET S/O. NARAYAN SALUNKE, A/A: 32 YEARS, OCC: SERVICE, R/O: P356, BRIGADE PARKSIDE EAST, PO. CARMELARAM, BENGALURU – 560 035, ALSO AT HILTI INDIA PVT. LTD., NO.22, 163, 1 9TH MAIN ROAD, JAYANAGAR 3RD, BENGALURU – 560 011, INDIA. …RESPONDENT THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CIVIL PROCEDURE CODE, 1908 PRAYING TO WITHDRAW THE PETITION M.C.NO.7635/2024 PENDING ON THE FILE OF THE VTH ADDL. JUDGE FAMILY COURT BENGALURU AND TRANSFER THE SAME TO THE PRL. SENIOR CIVIL JUDGE KARWAR AND ETC., Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:7869 CP No. 100086 of 2025 THIS CIVIL PETITION, COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.G.S. KAMAL) 1. The present petition is by the wife seeking transfer of proceedings in M.C.No.7635/2024 initiated by the respondent-husband under Section 13(1)(i-a) of Hindu Marriage Act, 1955 pending consideration on the file of the V-Addl. Judge, Family Court, Bengaluru to the Prl. Senior Civil Judge or to any jurisdictional Court at Karwar. 2. The marriage between the petitioner and respondent having taken place on 27.05.2023, at Karwar is not in dispute. There appears to have marital discord between the parties, getting separated and are living separately. The respondent-husband has initiated the aforesaid proceedings seeking dissolution of marriage. 3. It is submitted by the learned counsel for the petitioner – wife that the petitioner – wife is staying with her parents, who are retired employees at Karwar. The distance between Bengaluru where the present proceedings - 3 - HC-KAR NC: 2025:KHC-D:7869 CP No. 100086 of 2025 is pending consideration and the Karwar is about more than 519 kilometers and the petitioner would be put to hardship to travel all the way from Karwar to Bengaluru to contest the proceedings effectively. 4. Learned counsel for the respondent vehemently opposes the request made by the petitioner and refers to the complaint dated 13.03.2025 filed by the wife against the respondent – husband before the Adugodi Women’s Police Station. Referring to the same, he submits that, admittedly the petitioner – wife is residing at Bengaluru and working as Software Engineer in Intel. He further submits that Bengaluru being the last place of residence of the petitioner and respondent, the Court at Bengaluru would get jurisdiction. He further submits that respondent – husband had obtained bail in the complaint filed by the petitioner – wife and one of the conditions is that he shall not leave the jurisdiction of the Court. Hence seeks rejection of the petition. 5. Heard. Perused the records. - 4 - HC-KAR NC: 2025:KHC-D:7869 CP No. 100086 of 2025 6. Admittedly the petitioner is residing at Karwar in her parents’ house even as per the address furnished by the Respondent husband in his petition for divorce. In terms of Section 19 of Hindu Marriage Act, the petition for divorce is required to be filed before the Court where the respondent resides. Further, the distance between Karwar and Bengaluru is more than 519 kilometers. 7. A perusal of the contents of the complaint dated 13.03.2025 produced at Annexure-R3 would only indicate that petitioner – wife was working in Inter as Software Engineer at Bengaluru and nothing is brought on record to show that she is continuing to work at Benglauru even now. On a query by this court, learned counsel for the petitioner -wife submits that the petitioner – wife is residing at Karwar with her parents and is working and attending the office through online (work from home) and. 8. The other ground urged by the learned counsel for the respondent is that respondent – husband had obtained bail in the complaint filed by the petitioner – wife - 5 - HC-KAR NC: 2025:KHC-D:7869 CP No. 100086 of 2025 and one of the condition is that he shall not leave the jurisdiction of the Court. 9. The said condition is subject to rider that he shall not leave the jurisdiction of the Court without prior permission and the respondent – husband can well bring to the notice to the concerned Court regarding the pendency of the aforesaid petition and seek permission as and when required. 10. In light of the above, this Court is of the considered view that petitioner-wife has made out a case for allowing of the petition. 11. For the aforesaid reasons, the petition is allowed. Petition in M.C.No.7635/*2024 pending on the file of V-Addl. Judge, Family Court, Bengaluru be withdrawn and transferred to the Prl. Senior Civil Judge / jurisdictional Court at Karwar. 12. Since the parties are represented through their counsels, they shall appear before the Prl. Senior Civil *Corrected Vide Chamber order dated 27.03.2025. SD/- (MGSKJ) - 6 - HC-KAR NC: 2025:KHC-D:7869 CP No. 100086 of 2025 Judge/jurisdictional Court at Karwar on 21.07.2025 without any further notice. Sd/- (M.G.S. KAMAL) JUDGE VNP/CT-ASC List No.: 1 Sl No.: 23