- 1 - HC-KAR NC: 2025:KHC-D:9460 CP No. 100087 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 31ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CIVIL PETITION NO. 100087 OF 2025 BETWEEN: SMT. NAJNIN BANU D/O. GAFUR MAKANADAR W/O. BARKATALI AGED 29 YEARS, OCC. HOUSEWIFE, R/O. HALAGERI VILLAGE, NEAR GANDHI CIRCLE TQ. RANEBENNUR, DIST. HAVERI. …PETITIONER (BY SRI. NAGANGOUDA R. KUPPELUR, ADVOCATE) AND: SRI. BARKATALI S/O. SYED AJAS AGED 31 YEARS R/O. BABASAB COLONY, 4TH CROSS, ARASIKERI TOWN, TQ. ARASIKERI, DIST. HASSAN-573201. …RESPONDENT (NOTICE SERVED TO RESPONDENT) THIS CIVIL PETITION FILED U/SEC.24(1) OF CPC, PRAYING TO PASS AN ORDER TRANSFERRING THE PROCEEDINGS IN OS NO.35/2025 FROM THE FILE OF ADDITIONAL CIVIL JUDGE AND JMFC, ARASIKERI TO THE COURT OF PRL. CIVIL JUDGE AND JMFC, RANEBENNUR 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: 2025.08.06 11:05:43 +0530 - 2 - HC-KAR NC: 2025:KHC-D:9460 CP No. 100087 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.Najnin Banu D/o Gafur Makandar, has filed this petition under Section 24(1) of the Code of Civil Procedure, 1908 (for short, ‘the CPC’), seeking transfer of the proceedings in O.S.No.35/2025 from the file of the Additional Civil Judge and JMFC, Arasikere, to the Court of the Principal Senior Civil Judge and JMFC, Ranebennur. 3. It is alleged in the petition that the petitioner is permanently residing at Halageri village in Ranebennur Taluk, and the distance between Halageri and Arasikere is approximately 200 kilometers. The petitioner has to travel a long distance from Halageri to Arasikere and is unable to attend the proceedings at Arasikere on every date of hearing. - 3 - HC-KAR NC: 2025:KHC-D:9460 CP No. 100087 of 2025 4. In addition, the petitioner has two minor children aged 5 and 3 years, and it is very difficult for her to attend the proceedings on every hearing date while taking care of the children. The petitioner is also suffering from ill-health, and due to this, she is unable to attend the proceedings at Arasikere regularly. 5. It is submitted that the petitioner has also filed an application under Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, ‘the BNSS’) seeking maintenance against the respondent before the I Additional Senior Civil Judge and JMFC, Ranebennur. 6. To substantiate this, a copy of the petition filed under Section 144 of the BNSS, along with the order sheet pertaining to O.S. No.35/2025 is filed. 7. Despite service of notice, the respondent has remained absent and unrepresented. 8. Accepting the reasons assigned in the petition, and considering the status of the petitioner, particularly the fact that she has two minor children, I am of the - 4 - HC-KAR NC: 2025:KHC-D:9460 CP No. 100087 of 2025 opinion that it is just and proper to allow the petition. Hence, I proceed to pass the following: ORDER i. Civil Petition is allowed; ii. O.S.No.35/2025, pending on the file of the learned Additional Civil Judge and JMFC, Arasiker is hereby transferred to the Court of the learned Prl. Senior Civil Judge and JMFC Ranebennur, 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 the learned Additional Civil Judge and JMFC, Arasiker and learned Prl. Senior Civil Judge and JMFC, Ranebennur, for taking necessary action. Sd/- (G BASAVARAJA) JUDGE AC Ct-cmu LIST NO.: 1 SL NO.: 56