- 1 - HC-KAR NC: 2025:KHC-D:9760 CP No. 100051 of 2025 IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 05TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CIVIL PETITION NO. 100051 OF 2025 BETWEEN: SHASHIREKHA KULKARNI W/O. P. BHEEMESH AGE. 36 YEARS, R/O.HOUSE NO.294, NIJALINGAPPA COLONY, NEAR ROYAL COLONY, S.N. PET, BALLARI-583101. …PETITIONER (BY SRI HARSH DESAI, ADVOCATE.) AND: P. BHEEMESH S/O. NARASIMHA MURTHY AGE. 41 YEARS, R/O.HOUSE NO.37/B, 22ND WARD, BALLARI BYPASS ROAD, HOSAPETE TALUK VIJAYANAGAR DISTRICT-560040. …RESPONDENT (NOTICE SERVED.) THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF THE CIVIL PROCEDURE CODE, 1908, PRAYING TO TRANSFER M.C.NO.92/2024, ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND JMFC, HOSAPETE, TO THE COURT OF THE PRINCIPAL FAMILY COURT, BALLARI, IN THE INTEREST OF JUSTICE. THIS PETITION COMING ON FOR ADMISSION THIS DAY, ORDER IS PASSED THEREIN AS UNDER: Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.08.06 11:05:43 +0530 - 2 - HC-KAR NC: 2025:KHC-D:9760 CP No. 100051 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE G BASAVARAJA) Learned counsel for the petitioner is present. Though notice issued to the respondent is served, he remained absent and unrepresented. 2. Heard the learned counsel for petitioner. 3. This petition is filed by the petitioner under section 24 of the Code of Civil Procedure, 1908, seeking to transfer M.C.No.92/2024, pending on the file of Principal Senior Civil Judge and JMFC, Hosapete, to the Court of Principal Judge, Family Court, Ballari, on the following grounds. i) That travelling to Hosapete, located approximately 70 kilometers away, for each hearing date imposes severe financial and logistical hardship on the petitioner, making it extremely difficult for her and her minor son to effectively participate in the proceedings. Petitioner is already undergoing significant emotional distress due to the marital discard. Travelling over long distances to Hosapete may compromise her safety and further exacerbate her stress. - 3 - HC-KAR NC: 2025:KHC-D:9760 CP No. 100051 of 2025 ii) That petitioner is burdened with attending hearings at two separate locations on different dates, thus, imposing significant logistical and financial strain on the petitioner. This also affects her ability to ensure the regular schooling and education of her minor son. iii) That respondent is financially well- placed and is capable of travelling to Ballari for Court proceedings. Transferring the matter to Ballari will not cause any substantial hardship or prejudice to him. On the contrary, retaining the matter in Hosapete would subject the petitioner to grave inconvenience, hardship, and injustice. iv) That petitioner, as the sole caregiver, must prioritize the child's well- being. Transferring the proceedings to Ballari would ease the Petitioner's burden and create a conducive environment for the child's growth and development. 5. To substantiate her contentions, she has produced copy of the petition filed by her husband in Hosapete Court, under Section 9 of the Hindu Marriage Act, for restitution of conjugal rights, in M.C.No.92/2024 and also the order sheet thereof. The petitioner has also produced copy of petition filed by her on behalf of minor Sumadhwa P., as minor guardian, under Section 144 of - 4 - HC-KAR NC: 2025:KHC-D:9760 CP No. 100051 of 2025 Bharatiya Nagarik Suraksha Sanhita, 2023, in Crl.Misc.No.310/2024, at Gadag Court. 6. There are no material to discard the grounds urged by the petitioner in the petition. Accepting the reasons assigned in the petition, I proceed to pass the following: ORDER i) The petition filed under section 24 of CPC is allowed. ii) M.C.No.92/2024 pending on the file of Principal Senior Civil Judge and JMFC, Hosapete, shall be transferred to the Court of Principal Judge, Family Court, Ballari, for disposal in accordance with law. iii) Registry to send a copy of this order to the respondent/husband through RPAD. - 5 - HC-KAR NC: 2025:KHC-D:9760 CP No. 100051 of 2025 iv) Registry to send a copy of this order to both the Courts for taking necessary action. Sd/- (G BASAVARAJA) JUDGE MRK CT-CMU LIST NO.: 1 SL NO.: 52