- 1 - HC-KAR NC: 2025:KHC-D:7906 CP No. 100097 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.100097 OF 2025 BETWEEN: SMT. JYOTHI W/O. BASAVARAJ MAJJAGI D/O. HANMANTAPPA BANDIWAD, AGE: 21 YRS, OCC: HOUSEWIFE, R/AT: GUDENKATTI, TQ: KUNDGOL, DIST: DHARWAD. …PETITIONER (BY SRI. G. S. MOT, ADVOCATE) AND: SHRI. BASAVARAJ S/O. HANMANTAPPA MAJJAGI, AGE: 33 YRS, OCC: PRIVATE JOB, R/AT: KALKERI VILLAGE, TQ: NARAGUND, DIST: GADAG – 582 118 …RESPONDENT THIS CIVIL PETITION IS UNDER SECTION 24 OF CIVIL PROCEDURE CODE PRAYING TO TRANSFER THE O.S.NO.42/2022 AS PENDING BEFORE THE CIVIL JUDGE AND JMFC COURT AT NARGUND TO THE SENIOR CIVIL JUDGE AND JMFC AT KUNDAGOL AND DIRECT TO DISPOSE OF THE CASE ON MERITS IN ACCORDANCE WITH LAW, IN THE INEREST OF JUSTICE AND EQUITY. THIS CIVIL PETITION, COMING ON FOR ORDERS 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:7906 CP No. 100097 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 O.S. No.42/2022 pending consideration on the file of the Civil Judge & JMFC Court at Nargund to the Senior Civil Judge & JMFC Court at Kundagol. 2. O.S. No.42/2022 is filed by the respondent under Order VII Rule 1 & 2 of the CPC for the relief of declaration declaring that their marriage dated 13.06.2021 is illegal, void ab initio, null & void and to declare that the petitioner herein is not the legally wedded wife of the plaintiff. 3. The marriage between the petitioner and respondent having taken place on 13.06.2021, at Kalkeri Village, Naragund Taluka is not in dispute. It appears due to the marital discord, the petitioner herein inistiated the proceedings under Section 9 of the Hindu Marriage Act in M.C. No.35/2021 seeking restitution of conjugal rights, which is pending consideration on the file of the Senior civil Judge, Kundagol, while the respondent has initiated the aforesaid - 3 - HC-KAR NC: 2025:KHC-D:7906 CP No. 100097 of 2025 proceedings in O.S. No.42/2022 seeking declaration as noted above before the Civil Judge and JMFC, Nargund. 4. It is submitted that the distance between Naragund where the present proceedings is pending consideration and Kundagol is about more than 74 kilometers and the petitioner would be put to hardship to travel all the way from Kundagol to Naragund to contest the proceedings effectively. 5. Though notice has been served on the respondent as seen in the postal track report. No representation on behalf of the respondent. 6. Heard the learned counsel appearing for the petitioner. 7. The marriage of the petitioner and respondent is admittedly had taken place in Naragund Taluka and the petitioner is admittedly residing at Kundagol. Even in terms of Section 19 of Hindu Marriage Act, the petition for divorce is required to be filed where the wife resides. Further, admittedly the distance between Kundagol and naragund is more than 74 kilometers. That apart, petition filed by the - 4 - HC-KAR NC: 2025:KHC-D:7906 CP No. 100097 of 2025 petitioner in M.C.No.35/2021 is also pending consideration before the Kundagol Court. This Court is of the considered view that petitioner has made out a case of allowing of the petition. 8. For the aforesaid reasons, the petition is allowed. Proceeding in O.S.No.42/2022 pending on the file of Civil Judge & JMFC Court at Naragund be withdrawn and transferred to the Senior Civil Judge and JMFC Court at Kundagol. Sd/- (M.G.S. KAMAL) JUDGE VNP / CT-ASC List No.: 1 Sl No.: 40