- 1 - HC-KAR NC: 2025:KHC-D:9759 CP No. 100061 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. 100061 OF 2025 BETWEEN: SMT. MANJULA W/O. BASAVARAJ MADAR AGE. 35 YEARS, OCC. HOUSEHOLD R/O. NEAR DURGADEVI TEMPLE, THEVARMELLIHALLI, TQ. SAVANUR, DIST. HAVERI-581202. &PETITIONER (BY SRI. DEEPAK S. KULKARNI, ADVOCATE) AND: SHRI. BASAVARAJ S/O. BALAPPA MADAR AGE. 38 YEARS, OCC. GOVERNMENT TEACHER WORKING AT HAJI MARDANSAB NADAF HIGH SCHOOL, THEVARMELLIHALLI, TALUKA SAVANUR, DIST. HAVERI-581202 R/O. ITI BASAVESHWAR NAGAR, BAILHONGAL, TQ. BAILHONGAL, DIST. BELAGAVI-591102 &RESPONDENT (NOTICE TO RESPONDENT SERVED) THIS CIVIL PETITION FILED UNDER SECTION 24 OF CPC, PRAYING TO, TRANSFER THE SAID M.C. NO.51/2024 PENDING ON THE FILE OF THE SENIOR CIVIL JUDGE, BAILHONGAL TO THE PRINCIPAL JUDGE, FAMILY COURT, HAVERI, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.08.11 10:44:53 +0530 - 2 - HC-KAR NC: 2025:KHC-D:9759 CP No. 100061 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE G BASAVARAJA) 1. Heard the arguments of learned counsel for the petitioner and learned counsel for the respondent. 2. This petition is filed by the petitioner seeking transfer of M.C. No.51/2024, which is pending on the file of the Senior Civil Judge, Bailhongal, to the Court of the Principal Judge, Family Court, Haveri. 3. Learned counsel for the petitioner submits that she has no independent source of income and is a helpless lady. It is not possible for her to bear the travel expenses from Thavarmellihalli, Taluka Savanur, District Haveri, to the Court of the Hon9ble Senior Civil Judge, Bailhongal. Every time when she has to attend court, she is required to travel along with her father and/or other relatives, which becomes very expensive. The petitioner is very poor and is not in a position to bear the costs of travel, lodging, and other related expenses. - 3 - HC-KAR NC: 2025:KHC-D:9759 CP No. 100061 of 2025 4. The petitioner is residing with her father at Thavarmellihalli, Taluka Savanur, District Haveri, and she is entirely dependent on him. She is currently leading a difficult and helpless life, without any permanent shelter or independent source of income, and is therefore, unable to maintain herself. The financial condition of the petitioner9s father is also not sound. Hence, it would be convenient and helpful for the petitioner to attend the court proceedings before the Hon9ble Principal Judge, Family Court, Haveri, if M.C. No. 51/2024 is transferred to the Principal Judge, Family Court, Haveri. 5. Further, it is submitted that the distance between Thavarmellihalli and Bailhongal, is approximately 155 kilometers. The petitioner has to travel this distance along with her father or other family members. It is also submitted that there are no proper conveyance or bus facilities available for travel from Thavarmellihalli to Bailhongal. On the other hand, the respondent is financially well-off and is employed at Haji Mardansab - 4 - HC-KAR NC: 2025:KHC-D:9759 CP No. 100061 of 2025 Nadaf High School, Thavarmellihalli, Taluka Savanur, District Haveri. Therefore, the respondent will not face any difficulty, if M.C.No.51/2024 is transferred to the Court of the Hon9ble Principal Judge, Family Court, Haveri. In light of the above grounds, the petitioner prays that this petition be allowed. 6. Along with this petition, the petitioner has produced a copy of the petition filed under Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, 8the BNSS9) in Crl. Misc. No.316/2024, pending on the file of the Civil Judge and JMFC, Savanur. The petitioner has also filed the order sheet and a copy of the summons issued by the Senior Civil Judge, Bailhongal, in M.C. No.51/2024. 7. Additionally, a copy of the petition filed under Section 13(1a) and (1b) of the Hindu Marriage Act, by Basavaraj S/o Balappa Madar against the petitioner- Smt.Manjula, before the Senior Civil Judge, Bailhongal, is - 5 - HC-KAR NC: 2025:KHC-D:9759 CP No. 100061 of 2025 produced. A copy of the objection statement filed by the petitioner in M.C. No.51/2024 is also enclosed. 8. Despite service of notice, the respondent has remained absent and unrepresented. 9. On careful examination of the averments made in the petition and the documents produced by the petitioner, I am of the considered opinion that the petitioner has made out grounds for allowing the petition. Hence, I proceed to pass the following: ORDER i. Civil Petition is allowed; ii. M.C. No. 51/2024, pending on the file of the Hon9ble Senior Civil Judge, Bailhongal, is hereby transferred to the Court of Principal Judge, Family Court, Haveri, for disposal in accordance with law; iii. The Registry is directed to send a copy of this order to the respondent by Registered Post Acknowledgment Due; - 6 - HC-KAR NC: 2025:KHC-D:9759 CP No. 100061 of 2025 iv. The Registry is also directed to send a copy of this order to both the Courts, for taking necessary action. Sd/- (G BASAVARAJA) JUDGE AC CT-CMU LIST NO.: 1 SL NO.: 14