- 1 - HC-KAR NC: 2025:KHC-D:8930 CP No. 100112 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 18TH DAY OF JULY 2025 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL CIVIL PETITION NO.100112 OF 2025 BETWEEN: P. TUALSI W/O. GURURAJ G D/O. P. SANNA THIPPAYYA, AGED ABOUT 39 YEARS, OCC: HOUSE HOLD, R/O: PLOT NO. 53, WARD NO.35, SIRUGUPPA ROAD, ASHOK NAGAR, 1ST CROSS, BALLARI, HAGARIBOMMANAHALLI, BALLARI – 583 101. …PETITIONER (BY SMT. SOUBHAGYA S. VAKKUND, ADVOCATE) AND: GURURAJ G S/O. LATE HANUMANTHAPPA, AGED ABOUT 44 YEARS, OCC: SDA (OUT SOURCE EMPLOYEE IN) POLLUTION CONTROL BOARD OFFICE INDUSTRY AREA RAICHUR, R/O: H.NO. 6-2-139/217, MANIK NAGAR, BEHIND LVD COLLEGE ROAD, RAICHUR – 584 101. …RESPONDENT THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CIVIL PROCEDURE CODE PRAYING TO ALLOW THIS CIVIL PETITION BY TRANSFERRING THE M.C.48/2025 PENDING ON THE FILE OF THE PRINCIPAL FAMILY COURT, RAICHUR TO FAMILY COURT AT: BALLARI FOR PROPER ADJUDICATION OF THE MATTER IN THE INTEREST OF JUSTICE AND EQUITY. THIS CIVIL PETITION, COMING ON FOR ORDERS 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:8930 CP No. 100112 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.G.S. KAMAL) 1. The present petition is filed by the petitioner - wife seeking transfer of the proceedings in M.C. No.48 of 2025, filed by the respondent - husband under Section 9 of the Hindu Marriage Act, 1955, pending before the Family Court, Raichur, to the Family Court at Ballari. 2. Learned counsel for the petitioner submits that the petitioner has initiated the proceedings against the respondent under Sections 85, 115(2), and 351(2) of the Bharatiya Nyaya Sanhita Act, 2023, and Section 4 of the Dowry Prohibition Act, 1961, in Crime No. 21 of 2025 before the Raichur Women Police Station on 11.04.2025. 3. It is submitted that the respondent – husband has initiated the proceedings under Section 9 of the Hindu Marriage Act on 15.04.2025 before the Family Court, Raichur, which is clearly an afterthought and only intended to harass the petitioner. - 3 - HC-KAR NC: 2025:KHC-D:8930 CP No. 100112 of 2025 4. The petitioner is presently residing with her parents at Ballari. It is submitted that the distance between Ballari and Raichur is approximately 145 kilometers, and it is inconvenient for the petitioner – wife, to travel such a distance to prosecute the case. 5. Learned counsel for the petitioner places reliance on Section 9(11) of the Hindu Marriage Act, 1955, which provides that proceedings should preferably be initiated in the place where the wife resides. 6. The marriage between the parties is not in dispute. The FIR registered against the respondent by the petitioner in Crime No. 21 of 2025, dated 11.04.2025 substantiates the claim that criminal proceedings are pending. 7. Considering the facts and circumstances of the case, particularly the convenience of the petitioner and the settled legal position favoring the wife's convenience in matrimonial matters, this Court is of the considered opinion - 4 - HC-KAR NC: 2025:KHC-D:8930 CP No. 100112 of 2025 that the petition deserves to be allowed. Hence, the following: ORDER (i) The petition is allowed. (ii) The proceeding in M.C. No. 48 of 2025 pending on the file of the Family Court, Raichur, be withdrawn and transferred to the Family Court at Ballari. Sd/- (M.G.S. KAMAL) JUDGE VNP/CT-ASC List No.: 1 Sl No.: 37