- 1 - HC-KAR NC: 2025:KHC-D:9323 CP No. 100274 of 2024 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. 100274 OF 2024 BETWEEN: SUMAN W/O. HANAMANTARAJ RAMADURGA, AGE: 21 YEARS, OCC. STUDENT, R/O. C/O. SANJAY S/O. MARUTI SUTAR, R/O. TERDAL, TQ. RABAKAVI-BANAHATTI, DIST. BAGALKOT-587 315. …PETITIONER (BY SRI. MAHANTESH R. PATIL, ADVOCATE) AND: HANAMANTARAJ S/O. SHRISHAIL RAMADURGA, AGE: 40 YEARS, OCC. MECHANIC, POST: JANATA PLOT, KUDACHI ROAD, HARUGERI CROSS, TQ. RAIBAG, DIST. BELAGAVI-591 220. …RESPONDENT (NOTICE SERVED TO RESPONDENT) THIS CIVIL PETITION FILED UNDER SECTION 24 OF CPC, PRAYING THAT, TRANSFER THE M.C.NO.23/2024 PENDING ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC, RAIBAG TO SENIOR CIVIL JUDGE AND JMFC, BANAHATTI, IN THE INTEREST 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: 2025.07.30 11:25:21 +0530 - 2 - HC-KAR NC: 2025:KHC-D:9323 CP No. 100274 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE G BASAVARAJA) Heard learned counsel for the petitioner. 2. Petitioner/wife has filed this petition under Section 24 of the Civil Procedure Code seeking to transfer of M.C.No.23/2024 pending on the file of Senior Civil Judge and JMFC, Raibag to the Court of Senior Civil Judge and JMFC, Banahatti. 3. It is submitted by learned counsel for the petitioner that the petitioner/wife is residing in Terdal Town of Rabakavi-Banahatti Taluka in Bagalkote District. The respondent/husband filed petition seeking for Restitution of Conjugal Rights before the Court of Senior Civil Judge, Raibag. The distance between Raibag and Terdal is more than 50 kms. Petitioner/wife is also looking after her parents; she cannot travel to the long distance. 4. The petitioner/wife has also filed a divorce petition before the Banahatti Court, as a counterblast, the respondent/husband has filed petition seeking for - 3 - HC-KAR NC: 2025:KHC-D:9323 CP No. 100274 of 2024 Restitution of Conjugal Rights. Due to the harassment given by the respondent/husband, petitioner is in deep mental agony, at this stage it is very difficult for her to go to Raibag to attend the Court proceedings. On these grounds, she sought for allowing of this petition. 5. Along with this petition, copy of petition filed by the wife in MC.No.14/2024 for divorce under Section 13(1)(ia) of the Hindu Marriage Act against the respondent/husband, which is pending before the Court of Senior Civil Judge, Banahatti is produced. This petition was filed on 15.03.2024. The order sheet pertaining to the M.C.No.14/2024 is also filed, which reveals that the case is in the state of appearance of respondent/husband. The copy of petition pertaining to M.C.No.23/2024 filed by the husband against his wife under Section 9 of the Hindu Marriage Act, 1956 is also produced so also copy of the order sheet pertaining to M.C.No.23/2024 is produced. Despite service of notice, respondent/husband remained absent and unrepresented. That there are no grounds to - 4 - HC-KAR NC: 2025:KHC-D:9323 CP No. 100274 of 2024 discard the grounds urged by the petitioner/wife in this petition, accepting the reasons shown by the petitioner, I proceed to pass the following : ORDER (i) Petition filed under Section 24 of the CPC is allowed. (ii) M.C.No.23/2024 pending on the file of Senior Civil Judge and JMFC, Raibag shall be transferred to the Court of Senior Civil Judge and JMFC, Banahatti for disposal in accordance with law. (iii) Registry is directed to send a copy of this order to both Courts for taking necessary action. (iv) Registry is also directed to send a copy of this order to the respondent/husband by registered post. Sd/- (G BASAVARAJA) JUDGE CKK Ct-cmu LIST NO.: 1 SL NO.: 28