- 1 - HC-KAR NC: 2025:KHC-D:9787 CP No. 100126 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 5TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CIVIL PETITION NO. 100126 OF 2025 BETWEEN: SMT. APEKSHA @ GIRIJA W/O. GURUPRASAD SANGAPPA AVATI D/O. SRI. KJOTRESHA AGE: 29 YEARS, HOUSE WIFE, HINDU VEERASHAIVA LINGAYATH R/O. HOUSE NO BB5, HATTI, MADINAPURA, LINGASURU TALUK, RAICHUR DISTRICT, NOW R/O. OPPOSITE KALLESHWARA TEMPLE OLD HAGARIBOMMANAHALLI, HAGARIBOMMANAHALLI TALUK, VIJAYANAGARA DISTRICT 583212. &PETITIONER (BY SRI. MANJUNATHA G. PATIL, ADVOCATE) AND: GURUPRASAD S/O. SANGAPPA AVATI AGE: 37 YEARS, OCC. EMPLOYEE IN HATTI GOLD MINING COMPANY R/O. HOUSE NO BB5, HATTI, LINGASURU TALUK RAICHUR DISTRICT. &RESPONDENT (NOTICE TO RESPONDENT SERVED) THIS CIVIL PETITION FILED UNDER SECTION 24 OF CPC, PRAYING TO TRANSFER THE PETITION FOR GURDIANS AND WARDS ACT IN G AND WC NO.3/2025 PENDING ON THE FILE OF SENIOR CIVIL JUDGE, LINGSUGUR AND TRANSFER THE SAME TO THE SENIOR CIVIL JUDGE AT HAGARIBOMMANAHALLI IN VIJAYANAGARA DISTRICT. ALLOWING THE PETITION WITH COSTS AND CALL FOR THE RECORDS. GRANT ANY OTHER RELIEF/S AS THIS COURT DEEMS FIT AND PROPER SHE IS FOUND ENTITLED TO UNDER THE NATURE AND CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE AND EQUITY. Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.08.07 10:44:06 +0530 - 2 - HC-KAR NC: 2025:KHC-D:9787 CP No. 100126 of 2025 THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE G BASAVARAJA) Heard learned counsel for the petitioner. 2. Petitioner has filed this petition under Section 24 of the CPC seeking to transfer G & WC.No.3/2025, which is pending before the Court of Senior Civil Judge, Lingsugur to the Court of Senior Civil Judge at Hagaribommanahalli. 3. In the petition, petitioner has urged the grounds for transfer of the case are as under : <(i) The petitioner/wife is housewife and peace loving and law abiding citizen in the society. She is innocent and has not committed any such allegations made by the respondent in the trial court, the respondent has filed the petition at Lingasugur to counter blast the petition filed by the petitioner at Bagalkot. (ii) That, the respondent has chosen the place of his residence only to harass the petitioner by invoking the jurisdiction of Lingsugur court. - 3 - HC-KAR NC: 2025:KHC-D:9787 CP No. 100126 of 2025 (iii) The petitioner is house wife and she has two small children by name Saanvi and Vrushank. She has no other source of income and she is residing at parents house then, their parents are aged about 50-60 years old, therefore, she is unable to leave the parents and lead the life and she has very difficult to attending the Hon'ble court proceeding at Lingsugur court. Because, no other source of income, Kindly considering the same transfer of Senior Civil Judge, Lingsugur to Principal Senior Civil Judge at Hagaribommanahalli. (iv) Since, the Hagaribommanahalli to Lingsugur at the distance of 220 KMS, therefore the petitioner is lady/housewife and no other source of income, therefore, there is much more long distance from Hagaribommanahalli, she has very difficult to attending the Hon'ble court proceeding in time. (v) Since, the petitioner is ready and willing to continuing the marital life, but respondent has not responding the same, even in the panchayath he exposed his unwillingness to lead marital life with petitioner. The petitioner made all his efforts to restore marital relation with the respondent herein, due to adamant and cruel nature of the respondent the marital bond petitioner broke down irretrievably. Even though, the respondent has - 4 - HC-KAR NC: 2025:KHC-D:9787 CP No. 100126 of 2025 filed the divorce petition at Hon'ble Lingsugur court. (vi) That, the petitioner having two small children aged about 6 and 2 years and also apprehends life threat by her husband and parents who are intending to shoot troubles to the petitioner. (vii) That the petitioner has already filed the petition for maintenance for life which is pending on the file of Hon'ble Principal Senior Civil Judge at Hagaribommanahalli in Crl.Misc.No.123/2023. Kindly considering the same transfer of G & WC No. 3/2025 pending on the file of Senior Civil Judge, Lingsugur to Principal Senior Civil Judge at Hagaribommanahalli. (viii) Even though, after filing of the maintenance petition at Hagaribommanahalli court, then thereafter only the respondent has filed the petition for divorce and under Guardian & Wards Act. That, the respondent who had approached the court seeking the relief of divorce on the ground of cruelty and desertion was required to prove the same in the manner known to law by leading cogent and clinching evidence. Therefore, the weakness of the petitioner cannot be a trump card for the respondent to have a decree against her. - 5 - HC-KAR NC: 2025:KHC-D:9787 CP No. 100126 of 2025 (ix) That the marriage between the petitioner and respondent is not broken down beyond repairs. Besides this, respondent did not make out a valid ground to seek divorce against the petitioner.= 4. Along with this petition, petitioner has produced the copy of petition filed in Criminal Miscellaneous No.23/2024 and certified copy of the petition filed by respondent in G & WC.No.3/2025 filed under Section 10 of the Guardian and Wards Act on the file of Senior Civil Judge, Lingsugur and also the order sheet of said case. 5. Despite service of notice, respondent remained absent and unrepresented. Thus there are no materials to discard the grounds urged by the petitioner. Accepting the grounds urged in the petition, I proceed to pass the following : ORDER (i) Petition filed under Section 24 of the CPC is allowed. - 6 - HC-KAR NC: 2025:KHC-D:9787 CP No. 100126 of 2025 (ii) The G & WC.No.3/2025 on the file of Senior Civil Judge, Lingsugur shall be transferred to the Court of Senior Civil Judge at Hagaribommanahalli in Vijayanagara District for disposal in accordance with law. (iii) Registry is directed to send a copy of this order to the respondent by RPAD. (iv) Registry is also directed to send copy of this order to both Courts mentioned above, for taking necessary action. Sd/- (G BASAVARAJA) JUDGE CKK LIST NO.: 1 SL NO.: 58