- 1 - HC-KAR NC: 2025:KHC-D:7664 CP No. 100084 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.100084 OF 2025 BETWEEN: SMT. MUKTA BHOSALE W/O. LAXMIKANTH BHOSALE D/O. PARASHURAM KOREGAON, AGE: 25 YEARS, OCC: HOUSEHOLD, R/AT. BEHIND RAJALAKSMI SAREE SALES, SHIVAJI ROAD, GANDHI CHOWK, DHARWAD, KARNATAKA – 580 001. …PETITIONER (BY SRI. Z. S. JOSHI, ADVOCATE FOR SRI G. S. MOT, ADVOCATE) AND: SHRI LAXMIKANTH BHOSALE S/O. MAHADEVI BHOSALE, AGE: 35 YEARS, OCC: PRIVATE JOB, R/AT. 409, AMBHABAVANI, M. V. NAGAR, BEML NAGAR POST, BANGARPET TALUK, DIST: KOLAR – 563 115. …RESPONDENT THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CODE OF CIVIL PROCEDURE PRAYING TO TRANSFER THE M.C.NO.16/2025 AS PENDING BEFORE THE COURT OF ADDL. SENIOR CIVIL JUDGE AND JMFC KGF, KOLAR TO THE PRINCIPAL JUDGE FAMILY COURT AT DHARWAD AND DIRECT TO DISPOSE OF THE CASE ON MERITS IN ACCORDANCE WITH LAW, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC., THIS CIVIL PETITION, COMING ON FOR FINAL HEARING, 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:7664 CP No. 100084 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.16/2025 initiated by the respondent-husband under Section 13(1)(i))(ia)(ib) of Hindu Marriage Act pending consideration on the file of the Additional Senior Civil Judge and JMFC KGF, Kolar to the Family Court at Dharwad. 2. Marriage between the petitioner and respondent having taken place on 22.05.2015, at HJR Kalyana Mantapa, Opposite Balaanjaneya Temple, KGF Main Road, Bangarpet Taluk 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 Kolar where the present proceedings is pending consideration and Dharwad is about more than 500 kilometers and as the petitioner is having two minor children, the petitioner - 3 - HC-KAR NC: 2025:KHC-D:7664 CP No. 100084 of 2025 would be put to hardship to travel all the way from Dharwad to Kolar to contest the proceedings effectively. 4. Counsel for the respondent vehemently opposes the request made by the petitioner. 5. The marriage of the petitioner and respondent is admittedly had taken place in Kolar District 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 Kolar and Dharwad is more than 500 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.16/2025 pending on the file of Additional Senior Civil Judge and JMFC KGF, Kolar be withdrawn and transferred to the Family Court at Dharwad. - 4 - HC-KAR NC: 2025:KHC-D:7664 CP No. 100084 of 2025 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.: 33