- 1 - NC: 2025:KHC-D:379 CP NO.100103 OF 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 09TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S. INDIRESH CIVIL PETITION NO. 100103 OF 2024 BETWEEN: SMT. SEEMA W/O KIRAN MOTAGI AGE: 32 YEARS, OCC.: HOUSEWIFE, R/O BANGALORE. NOW RESIDING AT: C/O SHIVAPPA S/O ALLAPPA CHANNAPPAGOLA, KATTI PLOT, VIDYAGIRI, MUDHOL, BAGALKOT DISTRICT. …PETITIONER (BY SRI. SHIVANAND MALASHETTI, ADVOCATE) AND: SHRI KIRAN S/O JAGADEESH MOTAGI AGE: 38 YEARS OCC.: ENGINEER R/O B.L.D. HOSPITAL ROAD, NEAR AMBHA BHAVANI TEMPLE, VIJAYAPUR – 586 101. …RESPONDENT (BY SRI. CHETAN T. LIMIBKAI, ADVOCATE) V N BADIGER Digitally signed by V N BADIGER Date: 2025.01.10 16:37:04 +0530 - 2 - NC: 2025:KHC-D:379 CP NO.100103 OF 2024 THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF THE CODE OF CIVIL PROCEDURE PRAYING TO TRANSFER THE M.C. NO.147 OF 2024 PENDING ON THE FILE OF PRINCIPAL JUDGE, FAMILY COURT, VIJAYAPUR TO COURT OF SENIOR CIVIL JUDGE AND JMFC, MUDHOL IN THE INTEREST IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: THE HON'BLE MR. JUSTICE E.S. INDIRESH ORAL ORDER (PER: THE HON'BLE MR. JUSTICE E.S. INDIRESH) This petition is filed by the petitioner-wife under Section 24 of the Code of Civil Procedure, seeking transfer of M.C. No.147 of 2024 pending on the file of the Principal Judge, Family Court, Vijayapur to the Court of Senior Civil Judge and JMFC., Mudhol. 2. It is the case of the petitioner-wife that the respondent-husband had filed M.C. No.147 of 2024 against the petitioner-wife before the Principal Judge, Family Court, Vijayapur under Section 9 of the Hindu Marriage Act, 1955, seeking restitution of conjugal rights. It is also stated that the petitioner-wife is residing with her parents at Mudhol and she - 3 - NC: 2025:KHC-D:379 CP NO.100103 OF 2024 had filed Criminal Miscellaneous No.88 of 2024 against the respondent-husband, which is pending consideration before the Principal Civil Judge and JMFC., Mudhol and therefore, it would cause much hardship to the petitioner-wife to attend the proceedings in M.C. No.147 of 2024 before the Principal Judge, Family Court, Vijayapur. Hence, the petitioner filed this Civil Petition under Section 24 of the Code of Civil Procedure. 3. Heard Sri. Shivanand Malashetti, learned counsel appearing for the petitioner and Sri. Chetan T. Limibkai, learned counsel appearing for the respondent. 4. Having heard the learned counsel appearing for the parties and taking into account the fact that the petitioner-wife had filed Criminal Miscellaneous No.88 of 2024 before the Principal Civil Judge and JMFC., Mudhol and the distance between Mudhol and Vijayapur is around 90 kilometers, I am of the view that, it would cause much hardship to the petitioner- wife to travel from Mudhol to Vijayapur to attend the proceedings in M.C. No.147 of 2024 filed by the respondent- husband before the Principal Judge, Family Court, Vijayapur. - 4 - NC: 2025:KHC-D:379 CP NO.100103 OF 2024 Therefore, the present petition deserves to be allowed. Accordingly, I pass the following: O R D E R 1) Civil Petition is allowed; 2) M.C. No.147 of 2024 filed by the respondent-husband on the file of the Principal Judge, Family Court, Vijayapur is hereby withdrawn and transferred to the Court of Senior Civil Judge and JMFC., Mudhol. Sd/- (E.S. INDIRESH) JUDGE ARK List No.: 1 Sl No.: 40