- 1 - HC-KAR NC: 2025:KHC-D:8404 CP No. 100077 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.100077 OF 2025 BETWEEN: SMT. LAXMI W/O. MALLIKARJUN PATTADAKALLU, AGE: 27 YEARS, OCC: HOUSEWIFE, R/O: C/O: ANNAPPA PATTANA, AT SAINAGAR, 975 SATTI ROAD, NEW SMS COLLEGE ROAD, LEADING HOSTEL, ATHANI, DIST: BELAGAVI – 591 304. …PETITIONER (BY SRI. SANTOSH APPASAB BIRANAGI, ADVOCATE) AND: SHRI. MALLIKARJUN S/O. HANUMANTAPPA PATTADAKALLU, AGE: 52 YEARS, OCC: GOVERNMENT SERVICE, R/O: BANASRI NAGAR, TQ AND DIST: DHARWAD – 580 001. …RESPONDENT (BY SRI. S.R.HEGDE, ADVOCATE) THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CPC, PRAYING TO TRANSFER THE CASE FILED AT FAMILY COURT, DHARWAD, IN MC NO.360/2024 TO THE SENIOR CIVIL JUDGE AND JMFC, ATHANI IN THE ENDS OF JUSTICE AN EQUITY. THIS CIVIL 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:8404 CP No. 100077 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.360/2024 initiated by the respondent-husband on the file of the Family Court at Dharwad seeking relief of restitution of conjugal rights to the Court of Senior Civil Judge and JMFC, Athani. 2. Marriage between the petitioner and respondent having taken place on 16.12.2018, at Dharwad Vanavinayak Kalyana Mantapa, Forest Department Building is not in dispute. It is submitted that the distance between Dharwad where the present proceedings is pending consideration and Athani is about more than 170 kilometers and the petitioner would be put to hardship to travel all the way from Athani to Dharwad to contest the proceedings effectively. 3. It is also submitted that apart from the present proceedings, the wife has also initiated proceedings under the provisions of Domestic Violence Act and also under the - 3 - HC-KAR NC: 2025:KHC-D:8404 CP No. 100077 of 2025 provisions of Section 144(1)(8) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 claiming maintenance which are pending consideration before the competent Courts at Athani. 4. Counsel for the respondent vehemently opposes the request made by the petitioner and submits that Dharwad being the last place of residence of the petitioner and respondent, the said court would get jurisdiction. 5. The marriage of the petitioner and respondent is admittedly had taken place in Dharwad and petitioner is admittedly residing at Athani. 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 Dharwad and Athani is 170 kilometers. This Court is of the considered view that 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.360/2024 pending on the file of Family Court at - 4 - HC-KAR NC: 2025:KHC-D:8404 CP No. 100077 of 2025 Dharwad be withdrawn and transferred to the Senior Civil Judge and JMFC, Athani. 7. Since the parties are represented through their counsels, they shall appear before the Family Court, Athani on 30.07.2025 without any further notice. Sd/- (M.G.S. KAMAL) JUDGE SH/CT-ASC List No.: 1 Sl No.: 12