- 1 - HC-KAR NC: 2025:KHC-D:7662 CP No. 100083 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.100083 OF 2025 BETWEEN: SMT. KAJAL @ RAJASHREE W/O. MANJUNATH KAMBALE, AGE: 26 YEARS, OCC: HOUSEWIFE, R/AT: C/O: VIJAY KAMBALE, DEVRAJ NAGAR, TERDAL, TQ: RABAKAVI BANAHATTI, DIST: BAGALKOTE – 587 311. …PETITIONER (BY SRI. ZANZA S. JOSHI, ADVOCATE FOR SRI SHRIKANT K. DESHPANDE, ADVOCATE) AND: SRI. MANJUNATH S/O. BASAPPA KAMBALE, AGE: 32 YEARS, OCC: AGRICULTURE, R/AT: INGALI, TQ: CHIKKODI, BELAGAVI – 591 242, MOB: 7353337450. …RESPONDENT (SOLE RESPONDENT IS SERVED) THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CODE OF CIVIL PROCEDURE PRAYING TO TRANSFER THE M.C.NO.08 OF 2025 AS PENDING ON THE FILE OF SENIOR CIVIL JUDGE AT CHIKKODI TO THE SENIOR CIVIL JUDGE AND JMFC COURT, AT BANAHATTI WITH THE DIRECTION TO DISPOSE OF THE CASE ON MERITS IN ACCORDANCE WITH LAW, 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:7662 CP No. 100083 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.8/2025 initiated by the respondent-husband under Section 13(1)(ia)(ib) of Hindu Marriage Act pending consideration on the file of the Principal Senior Civil Judge, Chikkodi to the Family Court at Banahatti. 2. Marriage between the petitioner and respondent having taken place on 22.02.2021, at Teradal, Bagalkot District 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 Chikkodi where the present proceedings is pending consideration and Banahatti is about more than 70 kilometers and the petitioner would be put to hardship to travel all the way from Banahatti to Chikkodi to contest the proceedings effectively. - 3 - HC-KAR NC: 2025:KHC-D:7662 CP No. 100083 of 2025 4. Counsel for the respondent vehemently opposes the request made by the petitioner and submits that Chikkodi being the last place of residence of the petitioner and respondent, the said court would get jurisdiction as the marriage was conducted at Bagalkot. 5. The marriage of the petitioner and respondent is admittedly had taken place in Bagalkot District and petitioner is admittedly residing at Banahatti. 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 Chikkodi and Banahatti is more than 70 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.8/2025 pending on the file of Principal Senior Civil Judge, Chikkodi be withdrawn and transferred to the Family Court at Banahatti. - 4 - HC-KAR NC: 2025:KHC-D:7662 CP No. 100083 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.: 32