- 1 - HC-KAR NC: 2025:KHC-D:9300 CP No. 100160 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 29TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CIVIL PETITION NO. 100160 OF 2023 BETWEEN: SMT. MANGALA @ SUJATHA W/O. MANJUNATHA B. AGE. 28 YEARS, OCC. HOUSEHOLD, R/O. UCHACHANGIDURGA VILLAGE, HARAPANAHALLI TALUK, VIJAYANAGAR DISTRICT. …PETITIONER (BY SRI. NAGANGOUDA R. KUPPELUR, ADVOCATE) AND: B. MANJUNATHA S/O. UMESHA AGE. 38 YEARS, OCC. TEACHER, R/O. KHANAHOSAHALLI VILLAGE, KUDLIGI TALUK, VIJAYANAGAR DISTRICT 583201. …RESPONDENT THIS CIVIL PETITION FILED U/SEC.24 OF CPC, PRAYING TO PASS AN ORDER TRANSFERRING THE PROCEEDINGS IN M.C.NO.53/2023 FROM THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, KUDLIGI TO THE SENIOR CIVIL JUDGE AND JMFC, HARAPANAHALLI IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.07.31 11:26:52 +0530 - 2 - HC-KAR NC: 2025:KHC-D:9300 CP No. 100160 of 2023 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE G BASAVARAJA) 1. The respondent is called out in the open Court, he remained absent. 2. Heard the arguments of learned counsel for the petitioner and learned counsel for the respondent. 3. The petitioner, Smt. Mangala @ Sujatha, wife of Manjunatha B., has filed this petition under Section 24(1) of the Code of Civil Procedure, 1908 (for short, ‘the CPC’), seeking to transfer the proceedings in M.C.No.53/2023 from the Court of the Senior Civil Judge and JMFC, Kudligi, to the Court of the Senior Civil Judge and JMFC, Harapanahalli, for the reasons stated in the petition. 4. It is submitted that the petitioner is a poor lady without any source of income to maintain herself. Whereas the respondent, being a teacher with substantial income, is financially well off. Therefore, it causes hardship and inconvenience to the petitioner to attend the proceedings at Kudligi. - 3 - HC-KAR NC: 2025:KHC-D:9300 CP No. 100160 of 2023 5. The petitioner is presently being provided with food and shelter by her parents at Uchchangidurga village, Harapanahalli Taluk, and is solely dependent on parents for her livelihood. It is submitted that the petitioner's mother is also facing severe financial difficulties, the family is unable to bear the petitioner's living expenses and the costs involved in attending the proceedings at Kudligi. 6. It is submitted that the respondent has initiated proceedings in M.C.No.53/2023 before the Court of the Senior Civil Judge and JMFC, Kudligi, only as a counter to the maintenance proceedings initiated by the petitioner, as well as M.C. No.37/2021 filed by her for restitution of conjugal rights. 7. The petitioner has filed M.C.No.37/2021 before the learned Senior Civil Judge and JMFC, Harapanahalli, seeking restitution of conjugal rights, while the respondent has filed M.C. No.53/2023 before the learned Senior Civil Judge and JMFC, Kudligi, seeking dissolution of marriage. - 4 - HC-KAR NC: 2025:KHC-D:9300 CP No. 100160 of 2023 8. It is further submitted that the petitioner is not in good health to travel to Kudligi on every date of hearing, and she is also facing severe financial constraints in maintaining herself and bearing the expenses to be incurred for attending the Court proceedings before the learned Senior Civil Judge and JMFC, Kudligi. In view of the above, the petitioner prays that this petition be allowed. 9. To substantiate this, the petitioner has produced a copy of the petition filed by B. Manjunatha, S/o Umesha, in M.C. No.53/2023 before the learned Senior Civil Judge and JMFC, Kudligi, under Section 13(1)(i-a) of the Hindu Marriage Act, 1955, seeking dissolution of marriage. 10. The petitioner has also produced a copy of the order sheet pertaining to M.C. No. 53/2023. 11. Other side has not contested this case. Accepting the reasons assigned by the petitioner, I proceed to pass the following: - 5 - HC-KAR NC: 2025:KHC-D:9300 CP No. 100160 of 2023 ORDER i. Civil Petition is allowed; ii. M.C. No. 53/2023, pending on the file of the learned Senior Civil Judge and JMFC, Kudligi, is hereby transferred to the Court of the learned Senior Civil Judge and JMFC, Harapanahalli, for disposal in accordance with law; iii. The Registry is directed to send a copy of this order to the respondent by registered post with acknowledgment due; iv. The Registry is also directed to send a copy of this order to the learned Senior Civil Judge and JMFC, Harapanahalli, and the learned Senior Civil Judge and JMFC, Kudligi, for taking necessary action. Sd/- (G BASAVARAJA) JUDGE AC Ct-cmu LIST NO.: 1 SL NO.: 9