- 1 - HC-KAR NC: 2025:KHC-D:9376 CP No. 100132 of 2023 IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 30TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CIVIL PETITION NO.100132 OF 2023 BETWEEN: LAKSHMI W/O. BASAPPA BHADRAPUR B/M: KASHAVVA D/O. KOTRAPPA CHANDUR AGE. 27 YEARS, OCC. HOUSEHOLD R/O. INGALAGI TQ. KUNDGOL, DIST. DHARWAD, NOW AT TIMMAPUR, TQ AND DIST.GADAG-582115. …PETITIONER (BY SMT. YARAGI KAVYA SHIVAPPA AND SRI H.N. GULARADDI, ADVOCATES.) AND: BASAPPA S/O. RAMAPPA BHADRAPUR AGE. 30 YEARS, OCC. AGRICULTURE, R/O. INGALAGI TQ. KUNDGOL, DIST. DHARWAD-580028 …RESPONDENT (SERVICE OF NOTICE HELD SUFFICIENT.) THIS CIVIL PETITION FILED UNDER SECTION 24 OF THE CIVIL PROCEDURE CODE, 1908, PRAYING TO TRANSFER M.C.NO.6/2023, PENDING ON THE FILE OF SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, KUNDGOL, TO THE COURT OF PRINCIPAL JUDGE, FAMILY COURT, GADAG, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER IS MADE THEREIN AS UNDER: Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.08.01 15:03:38 +0530 - 2 - HC-KAR NC: 2025:KHC-D:9376 CP No. 100132 of 2023 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE G BASAVARAJA) Learned counsel for the petitioner is present. It is noticed that notice issued to respondent is returned with postal shara as ‘unclaimed’. Therefore, service of notice to respondent is held as sufficient. The name of respondent is called out. She remained absent and unrepresented. 2. Heard the learned counsel for petitioner. 3. This petition is filed by the petitioner under section 24 of the Code of Civil Procedure, 1908, seeking to transfer M.C.No.6/2023, pending on the file of Senior Civil Judge and JMFC, Kundgol, to the Court of Principal Judge, Family Court, Gadag. 4. Learned counsel for the petitioner would submit that the petitioner is residing in Timmapur village in Gadag taluka. The respondent has filed petition before the Kundagol Court. The distance between Timmapur village and Kundagol is about 80-100 kilometers and it takes - 3 - HC-KAR NC: 2025:KHC-D:9376 CP No. 100132 of 2023 about two hours for the journey. There is no direct bus facility from Timmapur village to Kundagol. To reach Kundagol, first she has to come to Gadag and from there to Kundagol. Due to her ill health, she cannot travel the long distance along with a small kid. Therefore, the petitioner is not able to go to Kundagol Court. The petitioner is a poor lady and she is not doing any work. She has no job. For every adjournment to attend the Court at Kundagol, at least she has to spend Rs.1,000/- to Rs.2,000/-. The petitioner being a lady, she needs assistance of another person. On these grounds she has sought for transfer of the petition. 5. To substantiate her contentions, she has produced copy of the petition filed by her husband in Kundagol Court, under Section 13(1a)(1b)(iii) of the Hindu Marriage Act, for dissolution of marriage. 6. The respondent has not filed any objections to this petition. There are no material to discard the grounds - 4 - HC-KAR NC: 2025:KHC-D:9376 CP No. 100132 of 2023 urged by the petitioner in the petition. 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.6/2023 pending on the file of Senior Civil Judge, Kundagol, shall be transferred to the Court of Principal Judge, Family Court, Gadag, for disposal in accordance with law. iii) Registry to send a copy of this order to the respondent/husband through RPAD. iv) 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.: 13