- 1 - HC-KAR NC: 2025:KHC-D:11352 CP No. 100091 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 4TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CIVIL PETITION NO. 100091 OF 2025 BETWEEN: SMT. GOWRI W/O. VIKAS JOSHI BEFORE MARRIAGE SMT. GOWRI D/O. PRAHLAD NARASAPUR AGE. 38 YEARS, OCC. PRIVATE WORK, R/O. FLAT NO.6, WOODSIDE APARTMENT, KESHAV NAGAR, TQ. AND DIST. DHARWAD-07 …PETITIONER (BY SRI. S.R. HEGDE AND SRI. SAGAR S. HEGDE, ADVOCATES) AND: SRI. VIKAS S/O. RAGHAVENDRA JOSHI AGE. 40 YEARS, OCC. ENGINEER, R/O. BUDHAWARPET, TILAKAWADI, BELAGAVI 590006. NOW AT NEERANARASIMHA BUILDING, H.NO. 55, GURUJYOTI LAYOUT, NEAR VARTHUR LAKE, MUTTASANDRA, BENGALURU 560087. …RESPONDENT (NOTICE SERVED TO RESPONDENT) THIS CIVIL PETITION IS FILED U/SEC.24 OF CPC, PRAYING TO TRANSFER THE PETITION IN MC NO.56/2025 PENDING ON THE FILE OF THE I ADDL. PRL. JUDGE FAMILY COURT, BELAGAVI TO FAMILY COURT DHARWAD. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 2 - HC-KAR NC: 2025:KHC-D:11352 CP No. 100091 of 2025 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. 3. The petitioner, Smt.Gowri W/o. Vikas joshi, 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.56/2025 from the Court of the I Additional Principal Judge Family Court, Belagavi, to the Family Court, Dharwad, on the following grounds: i. “It is submitted that the petitioner is residing at Dharwad with her parents, after being driven out by her husband. It will become very difficult for the petitioner to travel to Belagavi to attend every date of hearing. - 3 - HC-KAR NC: 2025:KHC-D:11352 CP No. 100091 of 2025 ii. The petitioner has filed the maintenance petition before the Hon'ble Family Court, Dharwad and the same is pending for consideration. As such by transferring the petition filed by the respondent, both can be heard simultaneously. iii. When the father of the petitioner was tried to settle the dispute, the respondent as well as the parents of the respondent was threatened the petitioner. Because of the threat it becomes very difficult for petitioner to go to Belagavi and to attend the case. iv. The petitioner is not having sufficient source of income to spend on travelling purpose to attend the case at Belagavi and to engage an Advocate. If at all the petition pending before the I Addl. Prl. Judge Family Court, Belagavi is not been transferred, it will become very difficult for the petitioner to attend the case at Belagavi. As such the petitioner is seeking the transfer of the petition pending before I Addl. Prl. Judge Family Court, Belagavi to Hon'ble Family Court, Dharwad.” 4. Despite service of notice, the respondent has remained absent and unrepresented. 5. Along with this petition, the petitioner has produced the following documents: - 4 - HC-KAR NC: 2025:KHC-D:11352 CP No. 100091 of 2025 i. The petitioner has produced the copy of the petition filed under Section 144 of the BNSS before the family judge, Dharwad in Crl.Misc.No.91/2025; ii. The certified copy of the order sheet pertaining to Crl.Misc.No.91/2025 is also produced. iii. The petitioner is also produced copy of the petition filed under Section 13(1)(ai) of the Hindu Marriage Act, by the respondent in MC No.56/2025. 6. 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.56/2025, pending on the file of the I Additional Principal Judge, Family Court, Belagavi, is hereby withdrawn and transferred to the Family Court, Dharwad, 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; - 5 - HC-KAR NC: 2025:KHC-D:11352 CP No. 100091 of 2025 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.: 15