- 1 - HC-KAR NC: 2025:KHC-D:13215 CP No. 100257 of 2024 IN THE HIGH COURT OF KARNATAKA AT DHARWAD DATED THIS THE 24TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CIVIL PETITION NO. 100257 OF 2024 BETWEEN: MAHADEVI @ GOUTAMI W/O. TUKARAM REVENAKAR AGE: 33 YEARS, OCC: NIL, R/O. HOSUR, TQ. SAVADATTI, NOW AT BASAVA NAGAR, BAILHONGAL 591102, TQ. BAILHONGAL, DIST. BELAGAVI. …PETITIONER (BY SRI HANAMANT R. LATUR, ADVOCATE.) AND: TUKARAM @ GURU S/O. MOHAN REVENAKAR AGE. 43 YEARS, OCC. BUSINESS R/O C.C.B NO.51, SRI OMKAR BUILDING, SHASTRI NAGAR, BELGAVI 590001, TQ AND DIST. BELAGAVI. …RESPONDENT (BY SMT. RAKSHITHA V.N., FOR SRI RAGHAVENDRA RAO, ADVOCATE.) THIS CIVIL PETITION IS FILED under section 24 OF the civil procedure code, 1908, PRAYING TO PASS AN APPROPRIATE ORDER TO TRANSFER M.C.NO.197/2023, PENDING ON THE FIE OF PRINCIPAL JUDGE, FAMILY COURT, BELAGAVI, TO THE COURT OF SENIOR CIVIL JUDGE, BAILHONGAL, FOR THE PURPOSE OF ENQUIRY, IN THE INTEREST OF JUSTICE AND EQUITY. Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.09.26 14:38:09 +0530 - 2 - HC-KAR NC: 2025:KHC-D:13215 CP No. 100257 of 2024 THIS PETITION COMING ON FOR ARGUMENTS THIS DAY, ORDER IS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE G BASAVARAJA) Heard the arguments and perused the material placed before the Court. 2. This petition is filed by the petitioner under section 24 of the Code of Civil Procedure, 1908, seeking to withdraw and transfer M.C.No.197/2023, pending on the file of Principal Judge, Family Court, Belagavi, to the Court of Senior Civil Judge, Bailhongal, on the following grounds. “i) The Petitioner being woman unable to travel more than 60 KMS with her one year baby and also she has no source of income, therefore she cannot attend the court every date of hearing at Belagavi. ii) That the Crl. Misc No.261/2023 is pending on the file of Prl. Civil Judge and J.M.F.C. Bailhongal for appearance of respondent. iii) It is submitted that the petitioner is not capable to go to Belagavi with her 1 year old minor son. - 3 - HC-KAR NC: 2025:KHC-D:13215 CP No. 100257 of 2024 iv) That the respondent is doing business in Belagavi city, and also he has agriculture land and has sufficient source of income hence he can travel from Belagavi to Bailhongal. v) That the respondent only with the ulterior motive to harass this petitioner, this divorce petition is filed by the respondent who has deserted and neglected without any lawful justification by giving physical and mental torture to this petitioner.” 3. To substantiate her contentions, along with this petition, the petitioner has produced copy of the petition filed by her husband in Belagavi Court, under Section 13(1-a) of the Hindu Marriage Act, seeking divorce, in M.C.No.197/2023 and also the certified copy of the order sheet in the said case. She has also produced the certified copy of the order sheet in Crl.Misc.No.261/2023 filed by the petitioner before the Bailhongal Court. 4. The respondent has not filed any objections to this petition. However, learned counsel for respondent would submit that now the case is posted for evidence and - 4 - HC-KAR NC: 2025:KHC-D:13215 CP No. 100257 of 2024 that there are no grounds to transfer this case as sought for and sought for dismissal of this petition. 5. There is no dispute between the parties that the petitioner has filed Crl.Misc.No.261/2023 pending on the file of Principal Civil Judge and JMFC, Bailhongal and the petitioner has no sufficient means to bear the litigation expenses pertaining to M.C.No.197/2023. 6. Considering the grievance of the petitioner, it is just and proper to allow this petition. Therefore, accepting the reasons assigned in the petition, I proceed to pass the following: ORDER i) The petition filed under section 24 of CPC is allowed. ii) M.C.No.197/2023, pending on the file of Principal Judge, Family Court, Belagavi, is withdrawn and transferred to the Court of Senior - 5 - HC-KAR NC: 2025:KHC-D:13215 CP No. 100257 of 2024 Civil Judge, Bailhongal, for disposal in accordance with law. iii) Registry to send a copy of this order to both the Courts for taking necessary action. Sd/- (G BASAVARAJA) JUDGE MRK CT-CMU LIST NO.: 1 SL NO.: 49