- 1 - HC-KAR NC: 2025:KHC-D:8420 CP No. 100109 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 4TH DAY OF JULY 2025 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL CIVIL PETITION NO.100109 OF 2025 BETWEEN: SMT. S. LAKSHMI @ JAYALAKSHMI W/O. HALESH NAIK, AGE: 29 YEARS, OCC: HOUSEWIFE, NOW R/O: NEAR BUS STAND TAMBRAHALLI VILLAGE, H. B. HALLI TALUK, DIST: VIJAYANAGARA – 583 224. …PETITIONER (BY SMT. RESHMA MADIWALAR, ADVOCATE) AND: HALIESH NAIK S/O. RAMA NAIK, AGE: 29 YEARS, OCC: PRIVATE EMPLOYEE, R/O: DOOPADAHALLI TANDA, KOTTURU TALUK, DIST: VIJAYANAGARA – 583 134. …RESPONDENT (RESPONDENT IS SERVED) THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CODE OF CIVIL PROCEDURE PRAYING TO WITHDRAW THE MC NO.74/2024 PENDING ON THE FILE OF THE LEARNED SENIOR CIVIL JUDGE AND JMFC COURT KUDLIGI AND TRANSFER THE SAME TO THE LEARNED SENIOR CIVIL JUDGE AND JMFC, H.B.HALLI FOR DISPOSAL IN ACCORDANCE WITH LAW AND ETC., THIS CIVIL 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:8420 CP No. 100109 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.74/2024 initiated by the respondent-husband under Section 9 of Hindu Marriage Act pending consideration on the file of the Senior Civil Judge and JMFC, Kudligi to the * Senior civil Judge & JMFC at H.B.Halli. 2. Notice issued by this Court is served on the respondent and has remained absent. Hence, service held sufficient. 3. It is submitted that the distance between Kudligi where the aforesaid proceedings is pending consideration and H.B.Halli is about more than 30 kilometers and the petitioner would be put to hardship to travel all the way from H.B.Halli to Kudligi to contest the proceedings effectively. That apart petitioner not having any source of income has initiated proceedings under Section 144 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 in Criminal Misc.No.374/2024 which is * Corrected vide Court order dated 21.07.2025 SD/- (MGSKJ) - 3 - HC-KAR NC: 2025:KHC-D:8420 CP No. 100109 of 2025 pending before the Court of Civil Judge and JMFC H.B.Halli. 4. The marriage of the petitioner and respondent is admittedly had taken place at Tambrahalli and petitioner is admittedly residing at H.B. Halli. Even in terms of Section 19 of Hindu Marriage Act, the petition is required to be filed where the respondent resides. Therefore, this Court is of the considered view that petitioner has made out a case of allowing of the petition. 5. For the aforesaid reasons, the petition is allowed directing to present the matter in M.C.No.74/2024 pending on the file of the Senior Civil Judge and JMFC, Kudligi be withdrawn and transferred to the * Senior civil Judge & JMFC at H.B.Halli. Sd/- (M.G.S. KAMAL) JUDGE SH/CT-ASC List No.: 1 Sl No.: 18 * Corrected vide Court order dated 21.07.2025 SD/- (MGSKJ)