- 1 - HC-KAR NC: 2025:KHC-D:8387 CP No. 100034 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.100034 OF 2025 BETWEEN: SMT. VARSHA VENKATEHS BHANDARI W/O. SUNIL PAI D/O. VENKATESH BHANDARI, AGE: 32 YEARS, R/O: 81, AROLLI, HONNAVAR, AROLLI-MUNDAGOD, MUGVA, HONNAVAR, UTTARA KANNADA – 581 334. …PETITIONER (BY SRI. S. G. KADADAKATTI, ADVOCATE) AND: MR. SUNIL PAI S/O. ANANTH M. PAI, AGE: 38 YEARS, R/O: 15-96/1, NARASIMHA KRUPA, SUBHASH NAGAR, ULLALA – 575 020, DIST: DAKSHINA KANNADA. …RESPONDENT (BY SRI. S. MAHESH KIRANSHETTY, SRI. PRASHANT S. KADADEVAR & KIRAN R AND MALLANNAVAR, ADVOCATES) THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CIVIL PROCEDURE CODE PRAYING TO WITHDRAW M.C.NO.12/2025 ON THE FILE OF I ADDL. PRINCIPAL JUDGE FAMILY COURT AT MANGALURU AND TRANSFER THE CASE TO THE SENIOR CIVIL JUDGE, HONNAVAR FOR DISPOSAL THE CASE IN ACCORDANCE WITH LAW BY ALLOWING THIS CIVIL PETITION, IN THE INTEREST OF JUSTICE AND 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:8387 CP No. 100034 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.12/2025 initiated by the respondent-husband under Section 13(1)(ia) of Hindu Marriage Act pending consideration on the file of the I Additional Principal Judge, Mangaluru to the Senior Civil Judge, Honnavar. 2. Marriage between the petitioner and respondent having taken place on 06.02.2022, at Honnavar, Uttar Kannada District is not in dispute. It appears due to the marital discord, the respondent has initiated the aforesaid proceedings seeking dissolution of marriage. 3. It is submitted that the distance between Mangaluru where the present proceedings is pending consideration and Honnavar is about more than 185 kilometers and the petitioner would be put to hardship to travel all the way from Honnavar to Mangaluru to contest the proceedings effectively. - 3 - HC-KAR NC: 2025:KHC-D:8387 CP No. 100034 of 2025 4. Counsel for the respondent vehemently opposes the request made by the petitioner and submits that Mangaluru 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 at Honnavar, Uttar Kannada District and petitioner is admittedly residing at Honnavar. Even in terms of Section 19 of Hindu Marriage Act, the petition for divorce is required to be filed where the respondent resides. Further, admittedly the distance between Mangaluru and Honnavar is more than 185 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.12/2025 pending on the file of I Additional Principal Judge, Family Court, Mangaluru be withdrawn and transferred to the Hon’ble Senior Civil Judge, Honnavar. - 4 - HC-KAR NC: 2025:KHC-D:8387 CP No. 100034 of 2025 7. Since the parties are represented through their counsels, they shall appear before the Family Court on 30.07.2025 without any further notice. Sd/- (M.G.S. KAMAL) JUDGE RHR/- CT-ASC List No.: 1 Sl No.: 6