- 1 - HC-KAR NC: 2025:KHC-D:9099 CP No. 100259 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 23RD DAY OF JULY 2025 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL CIVIL PETITION NO.100259 OF 2024 BETWEEN: SMT. MAHALAXMI PRATIBHA W/O. RAMESH ACHAMATTI, AGED: 25 YEARS, OCC: HOUSEHOLD WORK, R/O: GALAGINAKATTI, KALAGHATGI, DHARWAD DISTRICT, NOW R/O: KALAMMA NAGAR, YELLAPUR TOWN, TALUK: YELLAPUR, DISTRICT: UTTAR KANNADA – 581 359. …PETITIONER (BY SRI. MALLIKARJUNSWAMY B. HIREMATH, ADVOCATE) AND: RAMESH ADIVEPPA ACHAMATTI, AGED ABOUT 38 YEARS, OCC: BUSINESS AND AGRICULTURE, R/O: GALAGINAKATTI, KALAGHATGI, DHARWAD DISTRICT – 581 204. …RESPONDENT (BY SRI. S.V.YAJI, ADVOCATE FOR SRI. N.V.YAJI, ADVOCATE) THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CIVIL PROCEDURE CODE PRAYING TO PASS AN ORDER TRANSFERRING PETITION BEARING M.C.NO.11/2024 PENDING ON THE FILE OF SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS COURT, KALGHATAGI, DHARWAD TO THE SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS COURT, YELLAPUR, UTTARA KANNADA AND ETC., 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:9099 CP No. 100259 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.G.S. KAMAL) 1. This petition is filed by petitioner - wife seeking transfer of M.C. No. 11/2024 filed by the respondent - husband under Section 9 of the Hindu Marriage Act, 1955, pending on the file of the Senior Civil Judge and JMFC, Kalaghatagi to the Senior Civil Judge and JMFC, Yellapur, Uttar Kannada. 2. The marriage between the petitioner and respondent is not in dispute. It is also not in dispute that a child presently aged about six years was born out of the marriage of the parties. It is stated that the petitioner-wife has instituted proceedings under Section 125 of the Code of Criminal Procedure in Criminal Misc. No. 13/2024 pending before the Civil Judge and JMFC, Yellapur, seeking maintenance for herself and the minor child. The present proceedings under Section 9 of the Hindu Marriage Act are alleged to have been initiated by the respondent-husband as a counterblast to the said maintenance proceedings. 3. Learned counsel for the petitioner contends that she is residing at Yellapur, has no independent source of income, and has the sole responsibility of taking care of the minor child. - 3 - HC-KAR NC: 2025:KHC-D:9099 CP No. 100259 of 2024 He submits that the distance between Yellapur and Kalaghatagi is 41.5 kilometers and petitioner is having financial constraints to travel. He further submits that petitioner is having life threat. Hence, he seeks for allowing of the petition. 4. Learned counsel for the respondent-husband submits that distance of 41.5 kilometers cannot be a ground for transferring the proceedings. He further submits that the respondent – husband is willing to bear the litigation and travel expenses of the petitioner. As regards the alleged threat to life, he contends that such allegations are false besides no complaint has been lodged and the same is raised only as a ground for transfer. 5. Heard and perused the records. 6. The only possible ground urged seeking transfer is, the distance between Yellapur and Kalaghatagi being 41.5 kilometers. The distance of 41.5 kilmeters cannot be the sole ground seeking transfer of petition. In the circumstances, this Court do not find any justifiable reason to transfer the petition. That apart, learned counsel for the respondent has fairly submitted that the respondent shall bear the expenses for the - 4 - HC-KAR NC: 2025:KHC-D:9099 CP No. 100259 of 2024 petitioner to travel and appear before the Senior Civil Judge & JMFC, Kalaghatagi to prosecute the above matter. 7. In that view of the matter, this Court passes the following: ORDER i) The petition is dismissed. ii) In the interest of justice, the respondent is directed to pay a sum of Rs.25,000/- (Rupees Twenty-Five Thousand only) as one-time litigation and travel expenses to the petitioner. iii) The learned Senior Civil Judge and JMFC, Kalaghatagi shall permit the respondent to prosecute the matter, subject to payment of deficit amount as directed before the Civil Judge and JMFC, Yellapur. Sd/- (M.G.S. KAMAL) JUDGE VB/CT-ASC List No.: 1 Sl No.: 6