- 1 - HC-KAR NC: 2025:KHC-D:10442 CP No. 100119 of 2025 IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 19TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CIVIL PETITION NO. 100119 OF 2025 BETWEEN: GEETA KOM MANJUNATH KUSUR D/O. CHANDRAKANT Y. UNAKALLA AGE: 29 YEARS, OCC: ADVOCATE R/O. SHIVAJI CIRCLE, CHIGALLI, TQ. MUNDAGOD, DIST. UTTARA KANNADA NOW AT HOUSE NO. PID 29-248 NEAR ROSY ROSHINI FLOOR MILL, OPP TO KHADI GROMODYOGA, GOPANAKOPPA ROAD, BENGERI, HUBBALLI, TQ. HUBBALLI, DIST. DHARWAD-580023. …PETITIONER (BY SRI VINAYKUMAR M. SHETTY, ADVOCATE.) AND: SHRI MANJUNATH S/O. MAHADEV KUSOOR AGE: 33 YEARS, OCC: ADVOCATE, R/O. CHIGALLI, TQ. MUNDAGOD, DIST. UTTARA KANNADA-581349. …RESPONDENT (NOTICE SERVED TO RESPONDENT.) THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF THE CIVIL PROCEDURE CODE, 1908, PRAYING TO TRANSFER M.C.NO.02/2025, PENDING ON THE FILE OF SENIOR CIVIL JUDGE AND PRINCIPAL JUDICIAL MAGISTRATE FIRST CLASS COURT, YALLAPUR, TO THE PRINCIPAL FAMILY COURT, HUBBALLI, IN THE INTEREST OF JUSTICE. THIS PETITION COMING ON FOR ADMISSION THIS DAY, ORDER IS MADE THEREIN AS UNDER: Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.08.20 10:42:03 +0530 - 2 - HC-KAR NC: 2025:KHC-D:10442 CP No. 100119 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.2/2025, pending on the file of Senior Civil Judge and Principal JMFC Court, Yallapur, to the Court of Principal Judge, Family Court, Hubballi, on the following grounds. “11. It is submitted that the cause title of the MC 02/2025 petition reveals that the petitioner-wife residing at Hubli, hence be pleased allow the above petition and transfer to the Prl. Family Court, Hubli. 12. It is submitted that petitioner-wife and her child travelling from Hubli to Yallapur Court to attend the divorce petition filed by respondent (Husband), which is about nearly more than 70 KM one side, 140 KM up and down which could cause serious inconvenience and furthermore she states that there is apprehension of danger to life and limb of herself and her family members. 13. It is submitted that the petitioner is relying on the Supreme Court judgment NCV - 3 - HC-KAR NC: 2025:KHC-D:10442 CP No. 100119 of 2025 Aishwarya vs AS Saravana Karthik Sha which is reported at 2022 Live Law (SC) 627, in par no. The cardinal principle for exercise of power under Section 24 of the Code of Civil Procedure is that the ends of justice should demand the transfer of the suit, appeal or other proceeding. In matrimonial matters, wherever Courts are called upon to consider the plea of transfer, the Courts have to take into consideration the economic soundness of both the parties, the social strata of the spouses and their behavioural pattern, their standard of life prior to the marriage and subsequent thereto and the circumstances of both the parties in eking out their livelihood and under whose protective umbrella they are seeking their sustenance to life. Given the prevailing socioeconomic paradigm in the Indian society, generally, it is the wife's convenience which must be looked at while considering transfer. 14. It is submitted that the co-ordinate judgment in Civil Petition No.100081/2024 (Dharwad Bench) observed that, Section 19 of the Hindu Marriage Act, 1955 contemplates, filing of the petition for divorce in the Court within whose jurisdiction the respondent resides In the instant case, the petitioner-wife being the resident of Sirsi, the marriage having been conducted at Sirsi, and the distance - 4 - HC-KAR NC: 2025:KHC-D:10442 CP No. 100119 of 2025 between Bengaluru and Sirsi being 450 kilometers, it is just and proper that the petition filed by the respondent- husband in M.C.No.7637/2023 on the file of the Principal Judge, Family Court, Bengaluru be withdrawn and presented before the Senior Civil Judge, Sirsi. Hence be pleased to consider this above mentioned judgments and be pleased to allow the civil petition in the interest of justice.” 3. To substantiate her contentions, the petitioner has produced copy of the petition filed by her husband in Yallapur Court, under Section 13(1)(a) and (b) of the Hindu Marriage Act, seeking divorce, in M.C.No.2/2025 and also the order sheet thereof. The petitioner has also produced copy of petition filed by her under Section 144 of Bharatiya Nagarika Suraksha Sanhita, in Crl.Misc.No.474/2024, at Hubballi Court and the order sheet thereof. 4. There are no materials to discard the grounds urged by the petitioner in the petition. Accepting the - 5 - HC-KAR NC: 2025:KHC-D:10442 CP No. 100119 of 2025 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.2/2025, pending on the file of Senior Civil Judge and Principal JMFC Court, Yallapur, shall be transferred to the Court of Principal Judge, Family Court, Hubballi, for disposal in accordance with law. iii) Registry to send a copy of this order to the respondent/husband through RPAD. 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.: 57