- 1 - HC-KAR NC: 2025:KHC-D:8410 CP No. 100106 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.100106 OF 2025 BETWEEN: SMT. NILAMMA @ TESHWANI W/O. SANGAYYA HIREMATH, AGE: 39 YEARS, OCC: HOUSEHOLD WORK, C/O: GURUBASAYYA SANGANABASAYYA HIREMATH, R/O: BELAVANKI, TQ: RON – 582 209, DIST: GADAG. …PETITIONER (BY SRI. VIJAYA KUMAR BALAGERIMATH, ADVOCATE) AND: SHRI. SANGAYYA S/O. MAHANTAYYA HIREMATH, AGE: 44 YEARS, OCC: PVT SERVICE, R/O: BENADI, TQ: NIPPANI – 591 237, DIST: BELAGAVI. …RESPONDENT THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CPC, PRAYING THAT THE M.C.NO.85/2024 BEFORE THE SENIOR CIVIL JUDGE AND JMFC, NIPPANI TRANSFERRE TO SENIOR CIVIL JUDGE AND JMFC COURT RON IN THE ENDS OF JUSTICE. THIS CIVIL PETITION, COMING ON FOR ORDERS 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:8410 CP No. 100106 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.85/2024 initiated by the respondent-husband on the file of the Senior Civil Judge and JMFC, Nippani seeking relief of restitution of conjugal rights to the file of Senior Civil Judge and JMFC, Ron. 2. Marriage between the petitioner and respondent having taken place on 10.02.2014, at Mudhol is not in dispute. It is submitted that the distance between Nippani where the present proceedings is pending consideration and Ron is about more than 200 kilometers and the petitioner would be put to hardship to travel all the way from Ron to Nippani to contest the proceedings effectively. 3. It is also submitted that apart from the present proceedings, the wife has also initiated proceedings under Section 12 of the Protection of the Women from Domestic Violence Act, 2005 and also under of Section 147 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 - 3 - HC-KAR NC: 2025:KHC-D:8410 CP No. 100106 of 2025 claiming maintenance which is pending consideration before the competent Court at Ron. 4. Despite service of notice, respondent has neither represented nor has appeared. 5. The marriage of the petitioner and respondent is admittedly had taken place in Mudhol and petitioner is admittedly residing at Ron. Even in terms of Section 19(ii) of Hindu Marriage Act, 1955 the petition is required to be filed where the respondent resides. Further, admittedly the distance between Ron and Nippani is 200 kilometers. This Court therefore is of the considered view that the petitioner has made out a case of allowing of the petition. 6. For the aforesaid reasons, the petition is allowed directing to present the matter in M.C.No.85/2024 pending on the file of Senior Civil Judge and JMFC, Nippani be transferred to the Senior Civil Judge and JMFC, Ron. - 4 - HC-KAR NC: 2025:KHC-D:8410 CP No. 100106 of 2025 7. The Family Court at Ron shall issue notice on the respondent and after affording sufficient opportunity proceed in accordance with law. Sd/- (M.G.S. KAMAL) JUDGE RHR/CT-ASC List No.: 1 Sl No.: 43