- 1 - HC-KAR NC: 2025:KHC-D:9663 CP No. 100092 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 4TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CIVIL PETITION NO. 100092 OF 2025 BETWEEN: SMT. SUMANGALA HIREMATH @ VISHALAKSHI W/O. B.S. KASHINATH, AGE. 29 YEARS, OCC. HOUSEWIFE, R/AT. ROTTIGAWADA, KUNDUGOL, TQ. DHARWAD DISTRICT 581195. …PETITIONER (BY SRI. HIRANKUMAR PATIL, ADVOCATE FOR SRI GOURI SHANKAR MOT,ADVOCATE) AND: SHRI. B.S. KASHINATH S/O. B.M. SIDDESHWARAIH AGE. 44 YEARS, OCC. PRIVATE JOB R/AT. H.NO. 729/2-B, 2ND CROSS, THYAGARAJA ROAD, K.R.MOHALLA, MYSURU 570004. …RESPONDENT (SERVICE HELD SUFFICIENT) THIS CIVIL PETITION FILED U/SEC.24 OF CPC, PRAYING TO TRANSFER THE MC NO.227/2025 AS PENDING BEFORE THE PRINCIPAL JUDGE FAMILY COURT AT MYSORE TO THE SENIOR CIVIL JUDGE AND JMFC AT KUNDGOL AND DIRECT TO DISPOSE OF THE CASE ON MERITS IN ACCORDANCE WITH LAW, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADETHEREIN AS UNDER: Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.08.06 11:05:43 +0530 - 2 - HC-KAR NC: 2025:KHC-D:9663 CP No. 100092 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE G BASAVARAJA) Heard learned counsel for the petitioner. 2. Petitioner has filed this petition under Section 24 of the CPC seeking to transfer M.C.No.227/2025, which is pending before the Principal Judge, Family Court, Mysuru to the Court of Senior Civil Judge and JMFC, Kundgol. 3. In the petition, petitioner has urged the grounds for transfer of the case as under : (a) The act of the respondent is highly illegal and has filed a petition under Section 13(1)(ia) of the Hindu Marriage Act against the petitioner with ulterior motive only to harass the petitioner. (b) Petitioner also state that the proceedings are causing heavy burden as petitioner is not having any independent source of income as being housewife and is living with her old aged parents who are not financial strong and also suffering from ill-health due to - 3 - HC-KAR NC: 2025:KHC-D:9663 CP No. 100092 of 2025 which it is very difficult to travel to Mysuru on every date of proceedings. (c) The distance between Kundgol to Mysuru is around 460 km, therefore it highly inconvenience to the petitioner with ill-health to travel frequently. (d) On the other hand, no hardship will be caused on the other side to attend the Court proceedings at Kundgol. 4. Despite service of notice, sole respondent remained absent and unrepresented. Petitioner produced the copy of petition in M.C.No.227/2025 on the file of Principal Judge, Family Court, Mysuru and the order sheet of the said case. There are no materials to discard the grounds urged by the petitioner, hence, I proceed to pass the following : ORDER (i) Petition filed under Section 24 of the CPC is allowed. - 4 - HC-KAR NC: 2025:KHC-D:9663 CP No. 100092 of 2025 (ii) The M.C.No.227/2025 on the file of Principal Judge, Family Court, Mysuru shall be transferred to the Court of Senior Civil Judge and JMFC, Kundgol for disposal in accordance with law. (iii) Registry is directed to send a copy of this order to the respondent by RPAD. (iv) Registry is also directed to send copy of this order to both Courts mentioned above, for taking necessary action. Sd/- (G BASAVARAJA) JUDGE CKK CT-CMU LIST NO.: 1 SL NO.: 25