- 1 - HC-KAR NC: 2025:KHC-D:11094 CP No. 100082 of 2024 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 1ST DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CIVIL PETITION NO. 100082 OF 2024 BETWEEN: SMT. PRATIMA W/O. NAGAREDDI MARIGOUDRA AGE. 30 YEARS, OCC. HOUSEHOLD WORK, R/O. KALMESHWAR NAGAR, KANCHANOOR ROAD, JAMAKANDI, TQ. JAMAKANDI, DIST. BAGALKOT-587301. …PETITIONER (BY SRI. G.C. BADIGER AND SRI. C.S. HEGDE, ADVOCATES) AND: SRI. NAGAREDDI S/O. SUBHASH MARIGOUDRA, AGE. 32 YEARS, OCC. DOCTOR, R/O. BELAVANAKI VILLAGE, TQ. RON, DIST. GADAG-582202. NOW AT SRI. NAGAREDDI S/O. SUBHASH MARIGOUDRA, R/O. SHRI RAGHAVENDRA CLINIC, POLICE QUARTERS ROAD, BENGALURU-560023. …RESPONDENT (SERVICE HELD SUFFICIENT) THIS CIVIL PETITION FILED U/SEC.24 OF CPC, PRAYING TO WITHDRAW M.C. NO.65/2022 PENDING BEFORE SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, RON AND TRANSFER TO THE SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, JAMKHANDI, BAGALKOT., IN THE INTEREST OF JUSTICE AND EQUITY. CHANABASAPPA K KALLUR Digitally signed by CHANABASAPPA K KALLUR Date: 2025.09.09 10:54:16 +0530 - 2 - HC-KAR NC: 2025:KHC-D:11094 CP No. 100082 of 2024 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE G BASAVARAJA) 1. It is noticed by this Court that the Court notice issued to the sole respondent by speed post dated 30.07.2025 has been duly communicated. The respondent has remained absent and unrepresented. Hence, service of notice on the respondent is held to be sufficient. 2. Further, the office endorsement and the previous shara also reveal that the notice issued to the respondent was returned with the postal shara marked as “unclaimed.” 3. Heard the arguments of learned counsel for the petitioner and learned counsel for the respondent. 4. The petitioner, Smt.Pratima W/o Nagareddi Marigoudra, has filed this petition under Section 24 of the Code of Civil Procedure, 1908 (for short, ‘the CPC’), - 3 - HC-KAR NC: 2025:KHC-D:11094 CP No. 100082 of 2024 seeking to transfer the proceedings in M.C.No.65/2022 from the Court of the Senior Civil Judge and JMFC, Ron, to the Court of the Senior Civil Judge and JMFC, Jamkhandi, Dist:Bagalkot, on the following grounds: i. It is submitted that the petitioner is residing at Jamakandi town with her parents, after being driven out by her husband and his family members. Because of the life threat to the petitioner it is very difficult for petitioner to go to Ron to attend the case on every hearing date. ii. The Ron is situated at a distance of 140 Kms from Jamakandi. It is very difficult for the petitioner to attend on every hearing of the case at Ron; as such it is just and necessary to transfer the case pending at Hon'ble Senior Civil Judge and JMFC., Ron to the Senior Civil Judge and JMFC., Jamakandi, Dist: Bagalkot. iii. The petitioner is having 8 months small baby and it required timely feeding and hygienic environment. More so the Ron area is very hot environment and if baby expose to it oftenly, then there may be chances of serious health issues to baby. As such it is very difficult for the petitioner to attend the court at Ron. - 4 - HC-KAR NC: 2025:KHC-D:11094 CP No. 100082 of 2024 iv. The petitioner is completely dependent on their parents for every needs of her life and already became burden to them. The father of petitioner is pensioner and it is impossible for her to go for every adjournments of the case by spending huge amount on private transport and she required another person to accompany her. Apart from that she is having the fear of life threat at Ron. 5. Along with the petition, the petitioner has produced a copy of the complaint filed before the PSI, Ron, the copy of the FIR pertaining to Crime No.25/2024, and a copy of the petition filed by Sri.Nagareddi S/o.Subhash Marigoudra under Section 13(1)(ia) of the Hindu Marriage Act, 1955, along with a copy of the affidavit and the certified copy of the order sheet pertaining to M.C. No.65/2022. 6. There are no materials on record to disprove or discard the grounds urged by the petitioner. Hence, I proceed to pass the following: - 5 - HC-KAR NC: 2025:KHC-D:11094 CP No. 100082 of 2024 ORDER i. Civil Petition is allowed; ii. M.C. No.65/2022, pending on the file of the learned Senior Civil Judge and JMFC, Ron, is hereby withdrawn and transferred to the Court of the learned Senior Civil Judge and JMFC, Jamakhandi, Dist.Bagalkot, 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 both the Courts, for taking necessary action. Sd/- (G BASAVARAJA) JUDGE AC CT-CMU LIST NO.: 1 SL NO.: 10