- 1 - HC-KAR NC: 2025:KHC-D:15450 CP No. 100195 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 12TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE C M JOSHI CIVIL PETITION NO.100195 OF 2025 BETWEEN: SMT. ARATI W/O. SHRISHAIL BIRADAR, AGE: 22 YEARS, OCC. HOUSEHOLD WORK, R/O. C/O. PARAGONDA GIREPPA BALOL, GADYAL-ADIHUDI ROAD, KANNOLLI, TQ. JAMKHANDI, DIST. BAGALKOTE-587330. …PETITIONER (BY MISS. PRANJALI G. GODAKHINDI, ADVOCATE FOR SRI. GIRISH A. YADAWAD, ADVOCATE) AND: SHRISHAIL S/O. GIRAMALLA BIRADAR, AGE: 36 YEARS, OCC. AGRICULTURE, R/O. KAKAMARI, TQ. ATHANI, DIST. BELAGAVI-591261. …RESPONDENT (RESPONDENT-NOTICE SERVED) THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CPC, PRAYING TO WITHDRAW AND TRANSFER MC NO.123/2025 PENDING ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE AND JMFC, ATHANI, TO A SENIOR CIVIL JUDGE COURT AT JAMKHANDI IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER: YASHAVANT NARAYANKAR Digitally signed by YASHAVANT NARAYANKAR Date: 2025.11.13 10:24:05 +0530 - 2 - HC-KAR NC: 2025:KHC-D:15450 CP No. 100195 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE C M JOSHI) Heard learned counsel appearing for the petitioner. Despite service of notice, the respondent has not appeared. 2. It is the case of the petitioner that the respondent, who is the husband of the petitioner has filed M.C.No.123/2025 for restitution of conjugal rights before Prl. Senior Civil Judge and JMFC, Athani. The petitioner is the resident of Jamkhandi which is about 65 kilometres from Athani and it is inconvenient for her to attend the Court at Athani and therefore, the said petition be transferred to the Court of Senior Civil Judge, at Jamkhandi. 3. It is the case of the petitioner that she is alone, unemployed and she is unable to maintain herself and therefore, travelling to Athani is difficult for her. It is also contended that the petitioner would be subject to loss and hardship if she is made to attend the Court as she has no means of income and has no assistance from her parents also. 4. The said contention of the petitioner is not opposed by the respondent. In view of the judgment in the case of - 3 - HC-KAR NC: 2025:KHC-D:15450 CP No. 100195 of 2025 Smt. M. V. Rekha v/s. Sri Sathya @ Suraj1, the Courts have to allow such petitions. Hence, the petition is allowed and the following order is passed. ORDER i. The petition is allowed. ii. The M.C.No.123/2025 pending before the Principal Senior Civil Judge and JMFC, Athani is hereby withdrawn and transferred to the Senior Civil Judge, Jamkhandi, for disposal in accordance with law. iii. Intimate both the Courts accordingly. SD/- (C M JOSHI) JUDGE RKM CT:PA LIST NO.: 1 SL NO.: 32 1 ILR 2010 KAR 5407