- 1 - HC-KAR NC: 2025:KHC-D:16756 CP No. 100207 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 28TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE C M JOSHI CIVIL PETITION NO.100207 OF 2025 BETWEEN: SMT. VIDYASHREE W/O. PRADEEP CHABBI, AGE: 34 YEARS, OCC. NIL AT PRESENT, NOW R/AT: C/O. ISHWARAPPA A. HULYAL, NO.12, MANJUNATH HOUSING LAYOUT, NEAR JAYANAGAR LAKE, JAYANAGAR, DHARWAD-580007. …PETITIONER (BY SRI. P.G. CHIKKANARAGUND, ADVOCATE) AND: SRI. PRADEEP S/O. SIDDAPPA CHABBI, AGE: 37 YEARS, OCC. SOFTER ENGINEER, R/O. NO.10, ‘ASHIRWAD’, G. M. PALYA, 8TH MAIN, 1ST CROSS, BENGALURU-560075. …RESPONDENT (BY SRI. S.S. HEGDE, ADVOCATE FOR SRI. S.R. HEGDE, ADVOCATE) THIS CIVIL PETITION IS FILED U/SEC.24 OF CPC, PRAYING TO TRANSFER THE CASE BEARING G AND WC NO.206/2025 PENDING BEFORE THE LEARNED PRINCIPAL JUDGE, FAMILY COURT, BENGALURU TO THE LEARNED PRINCIPAL JUDGE, FAMILY COURT DHARWAD IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS PETITION, COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER: YASHAVANT NARAYANKAR Digitally signed by YASHAVANT NARAYANKAR Date: 2025.12.02 14:40:53 +0530 - 2 - HC-KAR NC: 2025:KHC-D:16756 CP No. 100207 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE C M JOSHI) Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondent. 2. The petitioner is the wife of the respondent. It is her case that the respondent has filed a petition in G.&W.C. No.206/2025 before the learned Principal Judge, Family Court, Bengaluru seeking custody of the child and now the petitioner along with the child is now staying at Dharwad. It is contended that it would be difficult for her to visit the family Court at Bengaluru for the purpose of conducting the said matter pertaining to the custody of the child. Therefore, the petition be transferred to the Family Court at Dharwad. 3. The learned Counsel appearing for the respondent has filed objection statement of the respondent contending that the G.&W.C. proceedings are to be conducted at the place where the child is residing. It is contended that the petitioner was residing at Bengaluru and the child was also admitted to a school at Bengaluru and as such the petition is not maintainable. He also submitted that the petitioner had participated in the - 3 - HC-KAR NC: 2025:KHC-D:16756 CP No. 100207 of 2025 proceeding at Bengaluru and there was an effort for conciliation. Therefore, he submits that the petition filed by the respondent is not maintainable. As such he requests for rejection of the petition. The learned counsel appearing for the petitioner today, by way of memo has produced a certificate showing that the child Shreyansh Chabbi has been admitted to Pavan Central Public School, Dharwad. He also produces the receipt for payment of the fees as well as the transfer certificate, a snapshot of the transfer effected through the online system of the Education Department. 4. It is pertinent to note that there cannot be any doubt that the petition in respect of the custody of the child has to be at the place where the child is residing. It is the interest of the child which has to be protected by the Court irrespective of the contentions of the quarreling parents. 5. Under these circumstances, this Court is of the view that when the child is residing in Dharwad and the child has been admitted to a school at Dharwad, it would be appropriate that the G.&W.C. proceedings have to be held at Dharwad so that the Court can interact with the child whenever necessary. In that - 4 - HC-KAR NC: 2025:KHC-D:16756 CP No. 100207 of 2025 view of the matter, the petition deserves to be allowed. Hence, the following: ORDER i) The petition is allowed. ii) The petition in G.&W.C. No.206/2025 pending before the learned Principal Judge, Family Court, Bengaluru is hereby withdrawn and transferred to the Principal Judge, Family Court, Dharwad for disposal in accordance with law. iii) Intimate both the Courts accordingly. iv) The transferor Court may fix the date for appearance of the parties before the transferee Court on receipt of the copy of this order. SD/- (C M JOSHI) JUDGE SSP CT:PA List No.: 1 Sl No.: 23