- 1 - HC-KAR NC: 2025:KHC-D:9982 CP No. 100128 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 7TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CIVIL PETITION NO. 100128 OF 2025 BETWEEN: SMT. POOJA W/O. FAKKIRESHWAR MADIWALAR AGE. 34 YEARS, OCC.NILL, R/O. C/O. KAMADOLLI, TQ. KUNDAGOL, DIST. DHARWAD-581113. …PETITIONER (BY SRI. ASHOK T. KATTIMANI, ADVOCATE) AND: SRI. FAKKIRESHWAR S/O. DHARMAPPA MADIWALAR AGE. 35 YEARS, OCC. LECTURER, R/O. CHABBI TQ. HUBBALLI, DIST. DHARWAD 581207. …RESPONDENT (NOTICE TO RESPONDENT SERVED) THIS CIVIL PETITION FILED U/SEC.24 OF CPC, PRAYING TO WITHDRAW THE M.C. NO.183/2025 PENDING BEFORE THE IST ADDL. FAMILY COURT HUBBALLI AND TO TRANSFER TO SENIOR CIVIL COURT AND JMFC., KUNDAGOL, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.08.16 10:23:05 +0530 - 2 - HC-KAR NC: 2025:KHC-D:9982 CP No. 100128 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE G BASAVARAJA) 1. Heard the arguments of learned counsel for the petitioner and learned counsel for the respondent. 2. The petitioner, Smt.Pooja W/o Fakkireshwar Madiwalar, 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.183/2025 from the Court of the I Additional Family Court, Hubballi, to the Court of the Senior Civil Court and JMFC, Kundagol, on the following grounds: i. The distance between Kamodolli to Hubballi is nearly 50 kms., and the petitioner is not having any source of income. ii. The petitioner is not having any one in the family to accompany her to attend the Court at Hubballi. iii. The life of petitioner will be in danger at the hands of respondent if he attends the court at Hubballi. iv. It is submitted that, petitioner has filed Criminal Misc. No.58/2025 before Senior Civil Judge and JMFC Court Kundagol which is pending and it is - 3 - HC-KAR NC: 2025:KHC-D:9982 CP No. 100128 of 2025 convenient for the respondent to attend the Court at Kundagol. If the M.C.No.183/2025 is transferred to Kundagol no hardship will be caused to the other side, and if it is not transferred petitioner will be put to great loss and hardship. v. The petitioner also seeks leave of this Hon'ble Court to urge some of the grounds at the time of hearing. 3. On all the above grounds, the petitioner is unable to bear the expenses to attend the proceedings at Hubballi, and therefore, seeks allowing of the petition. 4. Learned counsel for the petitioner has also produced a copy of the petition filed under Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, ‘the BNSS’), before the Senior Civil Judge and JMFC Court, Kundagol, in Crl. Misc. No. 58/2025, along with the order sheet pertaining to the said case. Additionally, a copy of the petition filed under Section 9 of the Hindu Marriage Act, 1955, before the I Additional Family Court, Hubballi, has also been produced. - 4 - HC-KAR NC: 2025:KHC-D:9982 CP No. 100128 of 2025 5. Despite service of notice, the respondent has remained absent and unrepresented. 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.183/2025, pending on the file of the learned I Additional Family Court, Hubballi, is hereby withdrawn and transferred to the Court of the learned Senior Civil Judge and JMFC, Kundagol, 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.: 57