- 1 - HC-KAR NC: 2025:KHC-D:9786 CP No. 100125 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. 100125 OF 2025 BETWEEN: SMT. APEKSHA @ GIRIJA W/O. GURUPRASAD SANGAPPA AVATI D/O. SRI. KOTRESHA AGE: 29 YEARS, HOUSEWIFE, HINDU VEERASHAIVA LINGAYATH R/O. HOUSE NO.BB5, HATTI, MADINAPURA, LINGASURU TALUK RAICHUR DISTRICT, NOW R/O. OPPOSITE KALLESHWARA TEMPLE OLD HAGARIBOMMANAHALLI, HAGARIBOMMANAHALLI TALUK VIJAYANAGARA DISTRICT 583212 …PETITIONER (BY SRI. MANJUNATHA G. PATIL, ADVOCATE) AND: GURUPRASAD S/O. SANGAPPA AVATI AGE: 37 YEARS, OCC. EMPLOYEE IN HATTI GOLD MINING COMPANY R/O. HOUSE NO BB5, HATTI, LINGASURU TALUK RAICHUR DISTRICT. …RESPONDENT (NOTICE TO RESPONDENT SERVED) THIS CIVIL PETITION FILED UNDER SECTION 24 OF CPC, PRAYING TO TRANSFER THE PETITION FOR DIVORCE IN M.C.NO.103/2024 PENDING ON THE FILE OF THE SENIOR CIVIL JUDGE, LINGSUGUR AND TRANSFER THE SAME TO THE SENIOR CIVIL JUDGE AT HAGARIBOMMANAHALLI IN VIJAYANAGARA DISTRICT KINDLY ALLOWING THE PETITION WITH COSTS AMD CALL FOR THE RECORDS. GRANT ANY OTHER RELIEF/S AS THIS COURT DEEMS FIT AND PROPER SHE IS FOUND ENTITLED TO UNDER THE NATURE AND CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE AND EQUITY. Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.08.11 10:45:05 +0530 - 2 - HC-KAR NC: 2025:KHC-D:9786 CP No. 100125 of 2025 THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: 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.103/2024, which is pending on the file of Senior Civil Judge, Lingsugur to the Court of Senior Civil Judge at Hagaribommanahalli. 3. In the petition, petitioner has urged the grounds for transfer of the case are as under : “(a) The petitioner/wife is house wife and peace loving and law abiding citizens in the society. She is innocent and has not committed any such allegations made by the respondent in the trial court, the respondent has filed the petition at Hubballi to counter blast the petition filed by the petitioner at Bagalkot. (b) That, the respondent has chosen the place of his residence only to harass the petitioner by invoking the jurisdiction of Lingsugur court. (c) The petitioner is house wife and she two small children by name Saanvi and Vrushank. She has no other source of income and she is residing at parents house then, their parents are aged about 50-60 years old, therefore, she is unable to leave the parents and lead the life and she has - 3 - HC-KAR NC: 2025:KHC-D:9786 CP No. 100125 of 2025 very difficult to attending the Hon'ble court proceeding at Lingsugur court. Because, no other source of income, Kindly considering the same transfer of Senior Civil Judge Lingsugur to Principal Senior Civil Judge at Hagaribommanahalli. (d) Since, the Hagaribommanahalli to Lingsugur at the distance of 220 KMS, therefore the petitioner is lady/housewife and no other source of income, therefore, there is much more long distance from Hagaribommanahalli, she has very difficult to attending the Hon'ble court proceeding in time. (e) Since, the petitioner is ready and willing to continuing the marital life but respondent has not responding the same, even in the panchayath he exposed his unwillingness to lead marital life with petitioner. The petitioner made all his efforts to restore marital relation with the respondent herein, due to adamant and cruel nature of the respondent the marital bond petitioner broke down irretrievably. Even though, the respondent has filed the divorce petition at Hon'ble Lingsugur court. (f) That, the petitioner having two small children aged about 6 and 2 years and also apprehends life threat by her husband and parents who are intending to shoot troubles to the petitioner. (g) That the petitioner has already filed the petition for maintenance for life which is pending on the file of Hon'ble Principal Senior Civil Judge at Hagaribommanahalli in Crl.Misc.No.123/2023. Kindly considering the same transfer of M.C. No:103/2024 pending on the file of Senior Civil Judge, Lingsugur to Principal Senior Civil Judge at Hagaribommanahalli. - 4 - HC-KAR NC: 2025:KHC-D:9786 CP No. 100125 of 2025 (h) Even through, After filing of the maintenance petition at Hagaribommanahalli court, then thereafter only the respondent has filed the petition for divorce and under guardian & wards Act. That, the respondent who had approached the court seeking the relief of divorce on the ground of cruelty and desertion was required to prove the same in the manner known to law by leading cogent and clinching evidence. Therefore the weakness of the petitioner cannot be a trump card for the respondent to have a decree against her. (i) That the marriage between the petitioner and respondent is not broken down beyond repairs. Besides this respondent did not make out a valid ground to seek divorce against the petitioner.” 4. Along with this petition, petitioner has produced the copy of petition filed in Criminal Miscellaneous No.123/2024 before the Principal Senior Civil Judge, Hagaribommanahalli and copy of objections filed by respondent in Crl.Misc.123/2024 and copy of order sheet pertaining to M.C.No.103/2024 filed by respondent/husband and copy of petition filed under Section 9 of the Hindu Marriage Act, 1955 in MC.No.103/2024. 5. Despite service of notice, respondent remained absent and unrepresented. There are no materials to - 5 - HC-KAR NC: 2025:KHC-D:9786 CP No. 100125 of 2025 discard the ground urged by the petitioner. Accepting the grounds urged by the petitioner in petition, I proceed to pass the following : ORDER (i) Petition filed under Section 24 of the CPC is allowed. (ii) The MC.No.103/2024 on the file of Senior Civil Judge, Lingsugur shall be transferred to the Court of Senior Civil Judge at Hagaribommanahalli in Vijayanagara District 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 LIST NO.: 1 SL NO.: 57