- 1 - HC-KAR NC: 2025:KHC-D:11607 CP No. 100133 of 2025 IN THE HIGH COURT OF KARNATAKA AT DHARWAD DATED THIS THE 09TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CIVIL PETITION NO. 100133 OF 2025 BETWEEN: SMT. RENUKA @ ROOPA W/O. BHIMASHANKAR KUSALE AGE: 36 YEARS, OCC: HOUSEHOLD WORK, R/O: JANATA PLOT, NEAR DY.S.P. OFFICE, GOKAK, TQ: GOKAK, DIST: BELAGAVI-591307. …PETITIONER (BY SRI DEEPAK S. KULKARNI, ADVOCATE.) AND: SHRI BHIMASHANKAR @ SHANKAR S/O. BABU KUSALE AGE: 40 YEARS, OCC: PRIVATE WORK AND AGRICULTURE, R/O: SHAHABAD, TALUKA: SHAHABAD, DISTRICT: KALABURGI-585228. …RESPONDENT (SERVICE OF NOTICE HELD SUFFICIENT.) THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF THE CIVIL PROCEDURE CODE, 1908, PRAYING TO TRANSFER M.C.NO.3/2025, PENDING ON THE FILE OF SENIOR CIVIL JUDGE, CHITTAPUR TO THE COURT OF PRINCIPAL SENIOR CIVIL JUDGE, GOKAK, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER IS MADE THEREIN AS UNDER: MALLIKARJUN RUDRAYYA KALMATH Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Date: 2025.09.11 10:35:51 +0530 - 2 - HC-KAR NC: 2025:KHC-D:11607 CP No. 100133 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE G BASAVARAJA) Heard the learned counsel for petitioner. 2. This petition is filed by the petitioner under section 24 of the Code of Civil Procedure, 1908, seeking to transfer M.C.No.3/2025, pending on the file of Senior Civil Judge, Chittapur, to the Court of Principal Senior Civil Judge, Gokak, on the following grounds. “i) It is submitted that the Petitioner has no independent income of her own and she is helpless lady. It is not possible for the Petitioner to bear with travelling expenses from Gokak, Taluka-Gokak and District-Belagavi to Hon'ble Senior Civil Judge, Chitapur. Every time the Petitioner has to go along with her family members i.e. with parents or with her brother and it will be very expensive and the Petitioner is very poor and she is not at all in a position to bear the travelling, lodging and other expenses. ii) The Petitioner is residing along with her parents, brother and other family members at Gokak, Taluka-Gokak and District- Belagavi. The petitioner is totally dependent on parents and brother. That the Petitioner at present leading hard and helpless life without having any permanent shelter and she is not having - 3 - HC-KAR NC: 2025:KHC-D:11607 CP No. 100133 of 2025 any independent source of income and therefore she is unable to maintain herself. The financial condition of the parents and brother of the Petitioner is also not good. Therefore it is convenient & helpful for the Petitioner to attend the court proceedings in Hon'ble Principal Senior Civil Judge, Gokak, if the said M.C. No.3/2025 is transferred to the Hon'ble Principal Senior Civil Judge, Gokak. iii) It is submitted that the distance between the Gokak, Taluka-Gokak and District- Belagavi to Chitapur, Taluka-Chitapur and District. Kalaburagi is approximately 318 kilometers and the petitioner has to travel along with her parents or any other family members in the night. It is further submitted that the Petitioner has no proper vehicle/bus facilities to come to Chitapur, Taluka-Chitapur and District- Kalaburagi. Whereas, the Respondent is financially sound and he has sufficient source of income. Therefore respondent will not face any problems if the said M.C. No-3/2025 is transferred to the Hon'ble Principal Senior Civil Judge, Gokak, Taluka-Gokak and District- Belagavi. iv) Knowing fully well that the Petitioner is not in a position to attend the said M.C. No- 3/2025 at Chitapur, Taluka-Chitapur and District-Kalaburagi, the Respondent only with an evil intention, in order to harass the Petitioner, the Respondent has filed the said M.C.No- 3/2025 at the court of Senior Civil Judge, Chitapur, Taluka-Chitapur and District-Kalaburgi by making totally false, baseless and imaginary allegations against the present Petitioner.” - 4 - HC-KAR NC: 2025:KHC-D:11607 CP No. 100133 of 2025 3. To substantiate her contentions, along with the petition the petitioner has produced copy of the petition filed by her husband in Chittapur Court, under Section 9 of the Hindu Marriage Act, for restitution of conjugal rights in M.C.No.3/2025 and also the certified copy of order sheet in the said M.C. case. Further the petitioner has produced copy of the petition filed by her under section 128 of Cr.P.C. for recovery of arrears of maintenance amount in Gokak Court in Crl.Misc.No.226/2021 and the certified copy of order sheet in the said case. 4. Despite service of notice, the respondent has remained absent and unrepresented. There are no materials to discard the grounds urged by the petitioner in the petition. Therefore, 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. - 5 - HC-KAR NC: 2025:KHC-D:11607 CP No. 100133 of 2025 ii) M.C.No.3/2025 pending on the file of Senior Civil Judge, Chittapur, shall be transferred to the Court of Principal Senior Civil Judge, Gokak, for disposal in accordance with law. iii) Registry to send a copy of this order to the respondent/husband through speed post. 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.: 11