- 1 - HC-KAR NC: 2025:KHC-D:9137 CP No. 100025 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 24TH DAY OF JULY 2025 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL CIVIL PETITION NO.100025 OF 2024 BETWEEN: SMT. BHARATI W/O. VEERABHADRA GASTHI, AGE: 42 YEARS, OCC: HOUSEHOLD WORK, R/O: C/O. BASAPPA YALLAPPA HOSAMANI, TADASINKOPPA, TQ AND DIST: DHARWAD. …PETITIONER (BY SRI. J. S. SHETTY & N.M.PATIL, ADVOCATES) AND: VEERABHADRAYYA S/O. LAGAMAPPA GASTHI, AGE: 49 YEARS, OCC: AGRICULTURE AND PRIVATE SERVICE, R/O: DADABANATTI, TQ: HUKKERI, DIST: BELAGAVI. …RESPONDENT (RESPONDENT IS SERVED) THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CIVIL PROCEDURE CODE PRAYS THAT MATRIMONIAL CASE NO.57/2022 FILED BY THE RESPONDENT HEREIN BEFORE THE SENIOR CIVIL JUDGE HUKKERI, MAY KINDLY BE TRANSFERRED TO THE FAMILY COURT DHARWAD FOR DISPOSAL IN ACCORDANCE WITH LAW, IN THE INTEREST OF JUSTICE AND EQUITY. 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:9137 CP No. 100025 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.G.S. KAMAL) 1. This petition is by the wife seeking transfer of proceedings in M.C.No.57/2022 pending consideration on the file of Senior Civil Judge, Hukkeri filed by the respondent-husband under Section 13 (1) (i) (ia) (ib) of the Hindu Marriage Act. 2. Marriage between the petitioner and respondent having taken place on 19.04.2018, at Gokak is not in dispute. It is submitted that the distance between Gokak where the present proceedings is pending consideration and Bailhongal is about more than 50 kilometers and the petitioner would be put to hardship to travel all the way from Bailhongal to Gokak to contest the proceedings effectively. 3. Though notice of the petition is served on the respondent, there is no representation. 4. The marriage of the petitioner and respondent is admittedly had taken place in Gokak and petitioner is - 3 - HC-KAR NC: 2025:KHC-D:9137 CP No. 100025 of 2024 admittedly residing at Bailhongal. Even in terms of Section 19(ii) of Hindu Marriage Act, the petition is required to be filed where the respondent resides. This Court is of the considered view that petitioner has made out a case of allowing of the petition. 5. For the aforesaid reasons, the petition is allowed directing to present the matter in M.C.No.23/2025 pending on the file of Principal Senior Civil Judge, Gokak be withdrawn and transferred to the Senior Civil Judge, Bailhongal. 6. Since the parties are represented through their counsels, they shall appear before the Senior Civil Judge, Bailhongal on 28.08.2025 without any further notice. 7. The Family Court at Bailhongal shall ensure service of notice to the respondent and proceed thereafter in accordance with law. Sd/- (M.G.S. KAMAL) JUDGE RHR/CT-ASC List No.: 1 Sl No.: 6