- 1 - HC-KAR NC: 2025:KHC-D:7663 CP No. 100062 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 13TH DAY OF JUNE 2025 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL CIVIL PETITION NO.100062 OF 2025 BETWEEN: SMT. SUSHMA W/O. KARTIK NAVANI, AGE: 27 YEARS, OCC: HOUSEWIFE, R/O: TOTAD BUILDING, BHOVI PLOT, SRIRAMNAGAR, NEAR SHANKAR GENERAL STORE, DHARWAD – 580 007. …PETITIONER (BY SRI. P. G. CHIKKANARAGUND, ADVOCATE) AND: SRI. KARTIK S/O. FAKKIRAPPA NAVANI, AGE: 29 YEARS, R/O: 89, 2ND MAIN, 2ND FLOOR, SAKKAMMA GARDEN, VIJAYRANGAM LAYOUT, BASAVANGUDI, BENGALURU – 560 004. …RESPONDENT (SOLE RESPONDENT IS SERVED) THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CIVIL PROCEDURE CODE, PRAYING TO TRANSFER THE CASE BEARING MC NO.7366/2024 PENDING CONSIDERATION BEFORE THE LEARNED 1ST ADDL. PRINCIPAL JUDGE, FAMILY COURT, BENGALURU TO FAMILY COURT DHARWAD IN THE INTEREST OF JUSTICE AND EQUITY AND ETC., THIS PETITION, COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:7663 CP No. 100062 of 2025 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.7366/2024 initiated by the respondent-husband under Section 13(1)(ia) of Hindu Marriage Act pending consideration on the file of the I Additional Principal Judge, Family Court, Bengaluru to the Family Court at Dharwad. 2. Marriage between the petitioner and respondent having taken place on 20.02.2022, at Shri Kudali Acharya Akshobya Theertha Mahasansthana Shri Seetha Pattabhiramachandraaaa Temple Hanumantha Nagar, Dharwad is not in dispute. It appears due to the marital discord, the respondent has initiated the aforesaid proceedings seeking dissolution of marriage. 3. It is submitted that the distance between Bengaluru where the present proceedings is pending consideration and Dharwad is about more than 431 kilometers and the petitioner would be put to hardship to - 3 - HC-KAR NC: 2025:KHC-D:7663 CP No. 100062 of 2025 travel all the way from Dharwad to Bengaluru to contest the proceedings effectively. 4. Counsel for the respondent vehemently opposes the request made by the petitioner and submits that Bengaluru being the last place of residence of the petitioner and respondent, the said court would get jurisdiction as the marriage was conducted at Dharwad. 5. The marriage of the petitioner and respondent is admittedly had taken place in Dharwad and petitioner is admittedly residing at Dharwad. Even in terms of Section 19 of Hindu Marriage Act, the petition for divorce is required to be filed where the respondent resides. Further, admittedly the distance between Bengaluru and Dharwad is 431 kilometers. This Court is of the considered view that petitioner has made out a case of allowing of the petition. 6. For the aforesaid reasons, the petition is allowed directing to present the matter in M.C.No.7366/2024 pending on the file of I Additional - 4 - HC-KAR NC: 2025:KHC-D:7663 CP No. 100062 of 2025 Principal Judge, Family Court, Bengaluru be transferred to the Family Court at Dharwad. 7. Since the parties are represented through their counsels, they shall appear before the Family Court on 30.06.2025 without any further notice. Sd/- (M.G.S. KAMAL) JUDGE SH/CT-ASC List No.: 1 Sl No.: 29