- 1 - HC-KAR NC: 2025:KHC-D:9178 CP No. 100093 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 25TH DAY OF JULY 2025 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL CIVIL PETITION NO.100093 OF 2025 BETWEEN: SMT. POOJA W/O. VINAY PATIL, (BEFORE MARRIAGE POOJA D/O. SHANKAR @ SHIVASHANKAR KUDLANNAVAR), AGE: 29 YEARS, OCC: SOFTWARE ENGINEER, R/O: C/O: SHANKAR KUDLANNAVAR, MARATHA COLONY, 8TH CROSS, DHARWAD DIST: DHARWAD – 580 001. …PETITIONER (BY SRI. PRASHANT S. KADADEVAR, ADVOCATE) AND: SHRI. VINAY S/O. RAJKUMAR PATIL, AGE: 34 YEARS, OCC: SOFTWARE ENGINEER, R/O: H.NO.2-910-60/68/169, SEDAM ROAD, NEAR SOUBHAGYA KALYAN MANTAP, NGO COLONY KALBURGI, DIST: KALBURGI – 585 101, REPRESENTED THROUGH HIS SPECIAL POWER ATTORNEY, SHARANABASAPPA S/O. GURUSHANTAPPA PATIL, AGE: 45 YEARS, OCC: AGRICULTURE, R/O: H.NO.53/1143, KRISHNA NAGAR, BEHIND MAM HOSTEL, KALBURGI, DIST: KALBURGI – 585 101. …RESPONDENT (BY SRI. S.B.DODDAGOUDAR, ADVOCATE) THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CODE CIVIL PROCEDURE CODE, 1908 PRAYING TO TRANSFER MC NO.74/2025 PENDING ON THE FILE OF PRL. JUDGE FAMILY COURT, KALABURAGI TO PRL. FAMILY COURT DHARWAD, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC., Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:9178 CP No. 100093 of 2025 THIS CIVIL PETITION, COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.G.S. KAMAL) 1. The present petition is by the wife seeking transfer of proceedings in M.C.No.74/2025 initiated by the respondent-husband seeking dissolution of their marriage pending consideration on the file of the Principal Judge Family Court, Kalaburagi. 2. Marriage between the petitioner and respondent having taken place on 25.04.2021, at Kalaburagi is not in dispute. It appears due to the marital discord, the respondent has initiated the aforesaid proceedings seeking dissolution of marriage. 3. It is submitted that the distance between Kalaburagi where the present proceedings is pending consideration and Dharwad is about more than 380 kilometers and the petitioner would be put to hardship to travel all the way from Dharwad to Kalaburagi to contest the proceedings effectively. - 3 - HC-KAR NC: 2025:KHC-D:9178 CP No. 100093 of 2025 4. Counsel for the respondent vehemently opposes the request made by the petitioner and submits that Kalaburagi being the last place of residence of the petitioner and respondent, the said Court would get jurisdiction as the marriage was conducted at Kalaburagi. 5. The marriage of the petitioner and respondent is admittedly had taken place in Kalaburagi and petitioner is admittedly residing at Dharwad. Even in terms of Section 19 of Hindu Marriage Act, the petition for divorce is required to be filed where the respondent resides. Further, admittedly the distance between Kalaburagi and Dharwad is 380 kilometers. This Court is of the considered view that petitioner has made out a case of allowing of the petition. 6. For the aforesaid reasons, the petition is allowed directing to present the matter in M.C.No.74/2025 pending on the file of Principal Judge Family Court, Kalaburagi be transferred to the Principal Family Court at Dharwad. - 4 - HC-KAR NC: 2025:KHC-D:9178 CP No. 100093 of 2025 7. Since the parties are represented through their counsels, they shall appear before the Family Court on 21.08.2025 without any further notice. Sd/- (M.G.S. KAMAL) JUDGE SMM/CT-ASC List No.: 1 Sl No.: 4