- 1 - HC-KAR NC: 2025:KHC-D:11610 CP No. 100159 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 9TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CIVIL PETITION NO. 100159 OF 2025 BETWEEN: SMT. SHASHIKALA W/O. SACHIN HIREMATH AGE. 29 YEARS, OCC. HOUSE WIFE, R/O. HAGARIBOMMANAHALLI VILLAGE, TQ. HUVIN HADAGALI DIST. VIJAYANAGAR -583231 …PETITIONER (BY SRI. HIREMATHAD MAHESHIAH RUDRAYYA, ADVOCATE) AND: SACHIN S/O. ASHOK HIREMATH AGE. 32 YEARS, OCC. AGRICULTURE, R/O. INCHAGAERI VILLAGE, TQ. CHADACHAN DIST. VIJAYANAGAR- 586205 …RESPONDENT (NOTICE SERVED TO RESPONDENT) THIS CIVIL PETITION FILED U/SEC.24 OF CPC, PRAYING TO TRANSFER THE MC NO.260/2025 PENDING ON THE FILE OF PRINCIPAL FAMILY COURT VIJAYPUR TO SENIOR CIVIL JUDGE AND JMFC HAGARIBOMMANAHALLI (ITINERARY SENIOR CIVIL JUDGE HOOVINHADAGALI) IN THE ENDS OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by CHANABASAPPA K KALLUR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.09.11 16:11:49 +0530 - 2 - HC-KAR NC: 2025:KHC-D:11610 CP No. 100159 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE G BASAVARAJA) 1. Heard the arguments of learned counsel for the petitioner. 2. The petitioner, Smt.Shashikala W/o Sachin Hiremath, has filed this petition under Section 24 of the Code of Civil Procedure, 1908 (for short, ‘the CPC’), seeking transfer the proceedings in M.C.No.260/2025 from the Principal Judge, Family Court, Vijayapur, to the Senior Civil Judge and JMFC, Hagaribommanahalli (Itinerary Senior Civil Judge Hoovinhadagali), on the following grounds: i. “Due to her financial constraints, lack of family support, and responsibility of taking care of her minor child, it is extremely difficult for the petitioner to travel such a long distance for every hearing at the Family Court, Vijayapur. ii. The petitioner, the wife herein, is residing in Angur Village of Huvinhadagali Talluk of Vijayanagar District, and the distance between Vijayapur and Angur Village is more than 260 kilometers. The petitioner has no source of income and no parents. She is residing with her baby girl, who is about 5 years old. She is unable to - 3 - HC-KAR NC: 2025:KHC-D:11610 CP No. 100159 of 2025 travel from her place to Vijayanagar to attend the Hon'ble Family Court. iii. Petitioner's parents are poor. In comparison respondent is agriculturist and financially well off. He can travel on car or bus to Hagaribommanahalli Court. He can attend before the Court..” 3. Despite service of notice, the respondent has remained absent and unrepresented. 4. Along with this petition, the petitioner has produced the copy of the petition filed by her husband- Sachin under Section 13(1)(i)(ia)(ib) of the Hindu Marriage Act, 1955, on the file of the Principal Family Court, Vijayapur. 5. There are no materials to disbelieve the grounds urged in the petition. Hence, I proceed to pass the following order: ORDER i. Civil Petition is allowed; ii. M.C. No.260/2025, pending on the file of the Principal Judge, Family Court, Vijayapur, is - 4 - HC-KAR NC: 2025:KHC-D:11610 CP No. 100159 of 2025 hereby withdrawn and transferred to the Senior Civil Judge and JMFC Hagaribommanahalli (Itinerary Senior Civil Judge Hoovinahadagali), 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; 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.: 47