- 1 - HC-KAR NC: 2025:KHC-D:13216 CP No. 100096 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 24TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CIVIL PETITION NO. 100096 OF 2025 BETWEEN: BHARATI D/O. GANGAPPA DAFALI (RESPONDENT CLAIMING AS BHARATI W/O. CHETAN KALABAR) C/O. BASAVARAJ S/O. VITTAL KONIKIKOPPA AGE. 21 YEARS, OCC. NIL, R/O. AT/POST. KOMBARKOPPA, TQ. ALNAVAR, DIST. DHARWAD-581105. …PETITIONER (BY SRI. I.Y. PATIL, ADVOCATE) AND: SRI. CHETAN S/O. YAMANURI KALABAR AGE. 34 YEARS, OCC. BUSINESS, R/O. SECTOR NO.3, PLOT NO.C-4, NAVANAGAR, BAGALKOT-587103. …RESPONDENT (BY SRI. PRAVEEN MUKKUND, ADVOCATE FOR SRI. SANJAY CHANAL, ADVOCATE) THIS CIVIL PETITION FILED U/SEC.24 OF CPC, PRAYING TO TRANSFER OF MC NO.12/2025 WHICH IS PENDING ON THE FILE OF THE PRL. JUDGE FAMILY COURT BAGALKOT TO THE PRL. JUDGE FAMILY COURT DHARWAD AT DHARWAD BY ALLOWING THE PETITION FOR ITS DISPOSAL IN ACCORDANCE WITH LAW, 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: 2025.09.26 14:38:08 +0530 - 2 - HC-KAR NC: 2025:KHC-D:13216 CP No. 100096 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. Petitioner-Smt.Bharati D/o Gangappa Dafali, has filed this petition under Section 24 read with Section 151 of the Code of Civil Procedure, 1908 (for short, ‘the CPC’), seeking to transfer the proceedings in M.C.No.12/2025 from the Court of the Principal Family Court, Bagalkot, to the Court of the Principal Family Court at Dharwad, on the following grounds: i. “The Respondent has registered MC No.12/2025 for restitution of conjugal rights before the Prl Judge Family Court Bagalkot against the petitioner Sec, 9 of Hindu Marriage Act on false allegations. There is no fault on the petitioner or her parents. The respondent is one of the relative harassing the petitioner on one or the other reason. ii. It is submitted that alleged marriage dated 29-06- 2019 between the respondent and petitioner is illegal and void in the eye of law, At the time of alleged date petitioner was minor aged about 15 - 3 - HC-KAR NC: 2025:KHC-D:13216 CP No. 100096 of 2025 years no legal marriage has been taken place as stated by respondent. Petitioner is not ready to accept alleged marriage. The copy of the school certificate of the petitioner produced at Annexure "D". iii. It is submitted that due to the harassment of the respondent, now the petitioner is residing at Kombarakoppa Village, Dist;Dharwad. i.e in her uncle house. iv. The petitioner is not in a position to attend the case at Bagalkot, as Bagalkot is far away from Dharwad and there is threat by the respondent to the life of the petitioner, v. It will be more inconvenient to attend the court at Bagalkot, the distance between Bagalkot to Dharwad is more than 180 kms. vi. It is submitted that respondent is businessman and getting good income from his avocation. vii. That the petitioner has no source of income, to came and attended the court at Bagalkot. Hence is just and necessary to transfer the case as prayed. If the case is transferred to the Prl Judge Family Court Dharwad at Dharwad, no inconvenience and hardship will take place to the other side.” 3. Along with the petition, the petitioner has produced a copy of the petition filed under Section 9 of the Hindu Marriage Act for Restitution of Conjugal Rights by - 4 - HC-KAR NC: 2025:KHC-D:13216 CP No. 100096 of 2025 respondent–Chetan before the Principal Judge, Family Court, Bagalkot, a copy of the notice issued by the Principal Judge, Family Court, Bagalkot, in M.C.No.12/2025, and a certified copy of the order sheet pertaining to M.C. No.12/2025. 4. Learned counsel for the respondent submitted that both the parties have filed a petition for dissolution of marriage by mutual consent under Section 13(B) of the Hindu Marriage Act, which has been registered as M.C.No.125/2025. Since both the parties have already filed a petition for dissolution of marriage under Section 13(B) of the Hindu Marriage Act, there is no need to transfer the petition. Accordingly, I proceed to pass the following: ORDER Civil Petition is dismissed. Sd/- (G BASAVARAJA) JUDGE AC CT-CMU LIST NO.: 1 SL NO.: 38