- 1 - HC-KAR NC: 2025:KHC-D:8142 CP No. 100088 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 27TH DAY OF JUNE 2025 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL CIVIL PETITION NO.100088 OF 2025 BETWEEN: SMT. ASHWINI W/O. SANDEEP KANTA, AGE: 36 YEARS, OCC: HOUSEWIFE, R/O: NEAR GOVERNMENT PUC COLLEGE, NANDI LAYOUT, AQUALINC FACTORY ROAD, MUDHOL, TQ: MUDHOL, DIST: BAGALKOT – 587 313. …PETITIONER (BY SRI. PAVAN B. DODDATTI, ADVOCATE) AND: SANDEEP KANTA S/O. LATE MALLIKARJUN KANTA, AGE: 38 YEARS, OCC: PETTI BUSINESS, R/O: MANIK APARTMENT, 2ND FLOOR, FLAT NO.201, MANIK NAGAR, RAICHUR – 584 103. …RESPONDENT THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CODE OF CIVIL PROCEDURE PRAYING TO PASS AN ORDER TRANSFERRING THE MC NO.20/2025 PENDING ON THE FILE OF PRL. JUDGE FAMILY COURT AT RAICHUR TO THE SENIOR CIVIL JUDGE AND JMFC, AT MUDHOL FOR FURTHER ADJUDICATION OF THE MATTER TO MEET THE ENDS 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:8142 CP No. 100088 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.20/2025 initiated by the respondent-husband under Section 13(i-b) of Hindu Marriage Act pending consideration on the file of the Principal Judge, Family Court, Raichur, to the Senior Civil Judge and JMFC Court at Mudhol. 2. Emergent notice issued to the respondent has been served, he has remained un-represented. 3. Marriage between the petitioner and respondent having taken place on 06.01.2021, at Veerashiva Kalyan Mantap, Raichur, is not in dispute. It appears due to the marital discord, the respondent has initiated the aforesaid proceedings seeking dissolution of marriage. 4. It is submitted that the distance between Raichur where the present proceedings is pending consideration and Mudhol is about more than 300 kilometers and the petitioner would be put to hardship to - 3 - HC-KAR NC: 2025:KHC-D:8142 CP No. 100088 of 2025 travel all the way from Mudhol to Raichur to contest the proceedings effectively. 5. The marriage of the petitioner and respondent is admittedly had taken place in Raichur District and petitioner is admittedly residing at Mudhol. 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 Raichur and Mudhol is more than 300 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.20/2025 pending on the file of Principal Judge, Family Court, Raichur be withdrawn and transferred to the Senior Civil Judge and JMFC, Mudhol, who shall proceed in accordance with law after service of notice to the parties. Sd/- (M.G.S. KAMAL) JUDGE SMM/CT-ASC / List No.: 1 Sl No.: 20