- 1 - HC-KAR NC: 2025:KHC-D:11095 CP No. 100100 of 2024 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 1ST DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CIVIL PETITION NO. 100100 OF 2024 BETWEEN: SMT. MANJULA W/O. UMESH SHIKKERI AGE. 35 YEARS, OCC. STAFF NURSE ON CONTRACT BASIS R/O. NEERALAKERI TQ. AND DIST. BAGALKOT-587103 …PETITIONER (BY SMT. POOJA BUGADE, ADVOCATE FOR SRI. GIRISH V. BHAT, ADVOCATE) AND: UMESH S/O. PARASAPPA SHIKKERI AGE. 42 YEARS, OCC. LINEMAN IN KEB KUNDAGOLA R/O. KEB QUARTERS TQ. AND DIST. DHARWAD …RESPONDENT (SERVICE HELD SUFFICIENT) THIS CIVIL PETITION FILED U/SEC.24 OF CPC, PRAYING TO TRANSFER THE PETITION IN MC NO.20/2024 FILED UNDER SECTION 13(1) (1-A) OF THE HINDU MARRIAGE ACT, PENDING ON THE FILE OF THE SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, KUNDGOL TO FAMILY COURT, BAGALKOT AND GRANT SUCH OTHER ORDERS AND RELIEFS DEEMED JUST AND PROPER IN THE CIRCUMSTANCES OF THE CASE, IN THE INTEREST O JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CHANABASAPPA K KALLUR Digitally signed by CHANABASAPPA K KALLUR Date: 2025.09.09 10:54:17 +0530 - 2 - HC-KAR NC: 2025:KHC-D:11095 CP No. 100100 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE G BASAVARAJA) 1. As per the report, the notice is duly served. Respondent called out in the open Court. He remained absent. Hence, service of notice to respondent is held sufficient. 2. Heard the arguments of learned counsel for the petitioner and learned counsel for the respondent. 3. The petitioner, Smt.Manjula W/o Umesh Shikkeri, has filed this petition under Section 24 of the Code of Civil Procedure, 1908 (for short, ‘the CPC’), seeking to transfer the proceedings in M.C.No.20/2024 from the Court of the Senior Civil Judge and JMFC, Kundgol, to the Family Court, Bagalkot, on the following grounds: i. That, the petitioner is staying with her tender aged children. And she has no one else to look after them and it is petitioner who has to take care of all the 3 child with their day to day needs. Hence it is difficult on the part of - 3 - HC-KAR NC: 2025:KHC-D:11095 CP No. 100100 of 2024 the petitioner to travel to Dharwad to attend the case leaving behind the children. ii. That, the petitioner is working as staff nurse on contract basis for her lively hood and it is very difficult for her to get the leave from the employer regularly to attend the court at Dharwad. iii. That, the petitioner is living with her 3 child and there is no one else to except the mother and children. That the petitioner needs to get the children ready to attend their school daily and she also has to prepare food for them to have at the noon. Hence if the petitioner travels to Dharwad to attend the court then there will be no one to look after the children. iv. That, the distance between the Dharwad and Bagalkot is around 200 K.Ms hence travelling a distance of 400 kilometers in a single day to attend the court will be very difficult on the part of the petitioner. Hence there is a need to transfer the MC case to Bagalkot Family court.” 4. Along with this petition, the petitioner has produced the following documents: - 4 - HC-KAR NC: 2025:KHC-D:11095 CP No. 100100 of 2024 i. A copy of the petition filed under Section 13(1)(ia) of the Hindu Marriage Act, 1955, by respondent Umesh S/o Parasappa Shikkeri; ii. The study/birth/caste certificate of the child, Rishika Shikkeri, issued by the Principal, M.R.G. International Public School, Neeralakeri; iii. Another study/birth/caste certificate in respect of Prajna Shikkeri, issued by the Principal, M.R.G. International Public School, Neeralakeri; iv. A copy of the tuition fee receipt dated 29.02.2024 pertaining to Prajwal Shikkeri; v. A reminder issued by the District Health and Family Welfare Office, Bagalkot; vi. A copy of the petition filed by Smt. Manjula; and vii. A copy of the order dated 03.06.2025 passed by the Principal Judge, Family Court, Bagalkot, in Crl. Misc. No.25/2021. - 5 - HC-KAR NC: 2025:KHC-D:11095 CP No. 100100 of 2024 5. There are no materials to disbelieve the grounds urged by the learned counsel for the petitioner. Hence, I proceed to pass the following order: ORDER i. Civil Petition is allowed; ii. M.C. No.20/2024, pending on the file of the Senior Civil Judge and JMFC, Kundgol, is hereby withdrawn and transferred to the Family Court, Bagalkot, for disposal in accordance with law; iii. The Registry is directed to send a copy of this order to the respondent by Registered Post Acknowledgment Due; iv. The Registry is also directed to send a copy of this order to both the Courts, for taking necessary action. Sd/- (G BASAVARAJA) JUDGE AC CT-CMU LIST NO.: 1 SL NO.: 11