- 1 - HC-KAR NC: 2025:KHC-D:8440 CP No. 100098 of 2025 C/W CP No. 100134 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 7TH DAY OF JULY 2025 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL CIVIL PETITION NO.100098 OF 2025 C/W CIVIL PETITION NO. 100134 OF 2025 IN C.P.NO.100098/2025: BETWEEN: SMT. RATNAVVA W/O. RAYANAGOUDA MARIGOUDAR, AGE: 58 YEARS, OCC: PRIMARY SCHOOL TEACHER, GOVT HIGHER PRIMARY SCHOOL, YELAVIGI – 581 118, (LT) TANDA, TQ: SAVANUR, DIST: HAVERI – 581 118, NOW R/O: SANGAMESHWAR NAGAR, BYADAGI TQ: BYADAGI, DIST: HAVERI – 581 106. …PETITIONER (BY SRI. S. N. BANAKAR, ADVOCATE) AND: SRI. RAYANGOUDA S/O. DYAMANAGOUDA MARIGOUDAR, AGE: 59 YEARS, OCC: AGRICULTURIST, R/O: ROTTIGWAD VILLAGE, TQ: KUNDAGOL, DIST: DHARWAD – 580 001, TRIAL COURT SHOWN WRONG ADDRESS I. E. IN M. C. NO.72/2025 AS R/O: DR I G GOUDAPPA GOUDA, MANJUNATH COLONY, NEAR OLD MANJUNATH SCHOOL, SANGOLLI RAYANNA NAGAR, DHARWAD – 580 002. …RESPONDENT (BY SRI. SHARAD V. MAGADUM, ADVOCATE) THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF THE CODE OF CIVIL PROCEDURE PRAYING THAT M.C.NO.72/2025 FILED BY THE RESPONDENT HEREIN BEFORE THE PRINCIPAL JUDGE, FAMILY COURT DHARWAD AS PER ANNEXURE C MAY KINDLY BE WITHDRAW AND TRANSFERRED TO THE COURT OF SENIOR CIVIL Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:8440 CP No. 100098 of 2025 C/W CP No. 100134 of 2025 JUDGE AND J.M.F.C., BYADAGI FOR DISPOSAL IN ACCORDANCE WITH LAW, WHEREIN THE PETITIONER HAS FILED M.C.NO.19/2025, AS PER ANNEXURE – A BY ALLOWING THIS PETITION IN THE INTEREST OF JUSTICE AND EQUITY. IN C.P.NO.100134/2025: BETWEEN: SRI. RAYANGOUDA S/O. DYAMANAGOUDA MARIGOUDAR, AGE: 59 YEARS, OCC: AGRICULTURE, R/O: DR I G GOUDAPPA GOUDA, MANJUNATH COLONY, NEAR OLD MANJUNATH SCHOOL, SANGOLLI RAYANNA NAGAR, DHARWAD – 580 002. …PETITIONER (BY SRI. SHARAD V. MAGADUM, ADVOCATE) AND: SMT. RATNAVVA W/O. RAYANAGOUDA MARIGOUDAR, AGE: 58 YEARS, OCC: PRIMARY SCHOOL TEACHER, GOVT HIGHER PRIMARY SCHOOL, YELAVIGI – 581 118, (LT) TANDA, TQ: SAVANUR, DIST: HAVERI – 581 118, NOW R/O: SANGAMESHWAR NAGAR, BYADAGI TQ: BYADAGI, DIST: HAVERI – 581 106. …RESPONDENT (BY SRI. S. N. BANAKAR, ADVOCATE) THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF THE CODE OF CIVIL PROCEDURE PRAYING TO TRASFER M.C.NO.19/2025 FILED BY THE RESPONDENT HEREIN BEFORE THE SENIOR CIVIL JUDGE AND J.M.F.C COURT BYADGI AS PER ANNEXURE A MAY KINDLY BE WITHDRAW AND TRANSFERRED TO THE FAMILY COURT OF DHARWAD FOR DISPOSAL IN ACCORDANCE WITH LAW, WHEREIN THE PETITIONER HAS FILED M.C.NO.72/2025, AS PER ANNEXURE – C BY ALLOWING THIS PETITION IN THE INTEREST OF JUSTICE AND EQUITY. THESE CIVIL PETITIONS, COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:8440 CP No. 100098 of 2025 C/W CP No. 100134 of 2025 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE M.G.S. KAMAL) 1. Petition in CP No.100098/2025 is filed by petitioner - wife seeking an order to withdraw the proceedings in MC No.72/2025 filed by the respondent - husband under Section 9 of the Hindu Succession Act pending on the file of Principal Judge Family Court, Dharwad and to transfer the same to the Court of Senior Civil Judge and JMFC, Byadagi where the petition in MC No.19/2025 filed by petitioner - wife under Section 13(ia)(ib) of the Hindu Marriage Act is pending consideration. 2. Petition in CP No.100134/2025 is filed by the respondent - husband seeking an order to withdraw and transfer the petition in MC No.19/2025 filed by the petitioner - wife pending consideration on the Court of Senior Civil Judge and JMFC, Byadagi to the Family Court, Dharwad wherein his petition in MC No.72/2025 is pending consideration. - 4 - HC-KAR NC: 2025:KHC-D:8440 CP No. 100098 of 2025 C/W CP No. 100134 of 2025 3. Marriage between the parties having been solemnized on 07.07.2002 is not in dispute. Marital discord between the parties has led to filing of the aforesaid petition by the wife in MC No.19/2025 seeking dissolution of marriage. The date of filing of the petition by the wife seeking resolution of marriage is 03.03.2025. The respondent - husband has in turn filed a petition in MC No.72/2025 seeking restitution of conjugal rights under section 9 of the Hindu Marriage Act before Dharwad on 01.03.2025. 4. Counsel for the petitioner at this juncture files a memo dated 07.07.2025 bringing it to the notice of the Court that the parties at an earlier occasion had filed a petition under Section 13B of the Hindu Marriage Act in MC No.35/2014 on the file of the Family Court, Dharwad which was returned by the said Court for want of jurisdiction. He submits that thereafter neither of the parties initiated any proceedings, however by filing petition in MC No.19/2025 wife has sought for dissolution of marriage. The said - 5 - HC-KAR NC: 2025:KHC-D:8440 CP No. 100098 of 2025 C/W CP No. 100134 of 2025 proceedings is pending before the Court at Byadagi. The respondent – husband has filed a petition Section 9 of the Hindu Marriage Act as a counter blast. The distance between Byadagi and Dharwad is 110 kilometers and that the petition filed by the petitioner - wife being for substantial relief, petition filed by the respondent - husband be transferred. 5. Heard. Perused the records. 6. Admittedly, petitioner – wife is residing at Byadagi. The respondent - husband is residing at Dharwad. The distance between the two places is 110 kilometers. The petition filed by the petitioner - wife is seeking dissolution of marriage, while the petition filed by the respondent – husband is for restitution of conjugal rights. The documents also reveal that the parties had earlier approached the Family Court seeking dissolution of marriage on mutual consent which has been purportedly returned for want of jurisdiction by the Family Court, Dharwad. - 6 - HC-KAR NC: 2025:KHC-D:8440 CP No. 100098 of 2025 C/W CP No. 100134 of 2025 7. Under the circumstances, this Court is of the considered view that the petition filed by the petitioner – wife in CP No.100098/2025 is deserves to be allowed directing that the petition in MC No.72/2025 filed by the respondent - husband pending consideration before the Family Court, Dharwad be withdrawn and presented before the Family Court at Byadagi where the petition in MC No.19/2025 filed by the petitioner - wife is pending consideration and both the matters be tried together. 8. Accordingly, petition in CP No.100098/2025 filed by petitioner – wife is allowed and petition in CP No.100134/2025 filed by the respondent – husband is dismissed. 9. Since the parties are represented by their respective counsels, they shall appear before the Family Court, Byadagi on 30.07.2025 without any further notice. Sd/- (M.G.S. KAMAL) JUDGE SH/CT-ASC List No.: 1 Sl No.: 14