- 1 - HC-KAR NC: 2025:KHC-D:8419 CP No. 100102 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.100102 OF 2025 BETWEEN: SMT. SOUMYA W/O. SHIVANAND ANGADI D/O. LATE MAHADEVAPPA KARANJI, AGE: 31 YEARS, OCC: SOFTWARE ENGINEER, R/O VIVEKANANDA NAGAR, 2ND CROSS, GOKAK, NOW R/O: AT H.NO.410, NASAVESHWAR NAGAR, 10TH CROSS, B – BLOCK, HAVERI – 581 110. …PETITIONER (BY SRI. VINAYAK R. BHAT, ADVOCATE) AND: SRI. SHIVANAND S/O. SADANAND ANGADI, AGE: 34 YEARS, OCC: SOFTWARE ENGINEER, R/O: C/O: SADANAND ANGADI 187/3, NO.68, 2ND CROSS, VIVEKANAND NAGAR, GOKAK, BELAGAVI – 591 307. …RESPONDENT (BY SRI. SORABH R. MIRJE, ADVOCATE FOR SRI. SHIVRAJ S. BALLOLI, ADVOCATE) THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CODE OF CIVIL PROCEDURE PRAYING TO TRANSFER THE CASE FILED BEFORE THE 1ST ADDL. SENIOR CIVIL JUDGE GOKAK, AT GOKAK IN MC NO.09/2025 (PETITION U/S 9 OF HINDU MARRIAGE ACT FOR RESTITUTION OF CONJUGAL RIGHTS) TO THE COMPETENT JURISDICTIONAL FAMILY COURT AT BANGALORE IN THE INTEREST OF THE JUSTICE AND EQUITY. THIS 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:8419 CP No. 100102 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.9/2025 initiated by the respondent-husband seeking restitution of conjugal rights pending consideration on the file of the I Additional Senior Civil Judge, Gokak to the Family Court at Bengaluru. 2. It is submitted by the counsel for the petitioner that the petitioner is presently residing at Bengaluru and is working as a software engineer in Accenture Company for the last 3 years and that the respondent is also a software engineer working at Bengaluru, which is not denied by the counsel for the respondent. 3. It is also submitted that the distance between Gokak where the present proceedings is pending consideration and Bengaluru is about more than 500 kilometers and the petitioner would be put to hardship to travel all the way from Bengaluru to Gokak to contest the proceedings effectively. - 3 - HC-KAR NC: 2025:KHC-D:8419 CP No. 100102 of 2025 4. In that view of the matter, filing of petition at Gokak apart from being contrary to Section 9 of the Hindu Marriage Act also would not enure to the benefit of either of the parties. 5. The marriage between the petitioner and respondent is admittedly had taken place on 18.12.2020 at Shri Basaveshwar Sabha Bhavan, Gokak and petitioner is admittedly residing at Bengaluru. 6. Even in terms of Section 19 of Hindu Marriage Act, the petition is required to be filed where the respondent resides. Further, admittedly the distance between Gokak and Bengaluru is more than 500 kilometers. Therefore, this Court is of the considered view that petitioner has made out a case of allowing of the petition. 7. For the aforesaid reasons, the petition is allowed directing to present the matter in M.C.No.9/2025 pending on the file of I Additional Senior Civil Judge, - 4 - HC-KAR NC: 2025:KHC-D:8419 CP No. 100102 of 2025 Gokak be withdrawn and transferred to the Family Court at Bengaluru. 8. Since the parties are represented through their counsels, they shall appear before the Family Court, Bengaluru on 30.07.2025 without any further notice. Sd/- (M.G.S. KAMAL) JUDGE SH/CT-ASC List No.: 1 Sl No.: 16