- 1 - HC-KAR NC: 2025:KHC-D:13027 CP No. 100082 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. 100082 OF 2025 BETWEEN: SMT. SUDHA W/O. CHANNABASANGOUDA PATIL AGED ABOUT 31 YEARS, OCC. HOME MAKER, R/O. MADALLI, TALUK. LAXMESHWAR, DISTRICT: GADAG-582116, …PETITIONER (BY SRI. SACHIN C. ANGADI, ADVOCATE) AND: SHRI CHANNABASANGOUDA S/O. BHARMGOUDA PATIL AGE. 43 YEARS, OCC. AGRICULTURE (AS PER MC 32/2025 PETITION) AND ORIGINALLY IS OCC. REAL ESTATE BUSINESS, R/O. BRAHMAGIRI, RAJNAGAR, 2ND CROSS, MALAPUR, DHARWAD. PIN CODE-580008. …RESPONDENT (BY SRI. M.M. HIREMATH, ADVOCATE) THIS CIVIL PETITION IS FILED U/SEC.24 OF CPC, PRAYING TO WITHDRAW M.C.NO.32/2025 PENDING BEFORE THE PRINCIPAL JUDGE, FAMILY COURT DHARWAD AND TRANSFER THE SAME TO THE SENIOR CIVIL JUDGE AND JMFC COURT, LAXMESHWAR, DISTRICT GADAG, IN THE INTEREST OF JUSTICE. Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.09.26 14:38:05 +0530 - 2 - HC-KAR NC: 2025:KHC-D:13027 CP No. 100082 of 2025 THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE G BASAVARAJA) This petition is filed by the petitioner/wife under Section 24 of the CPC to transfer M.C.No.32/2025 pending on the file of Principal Judge, Family Court, Dharwad to the Court of Senior Civil Judge and JMFC, Laxmeshwar, District Gadag on the following grounds. “I. It is submitted that the M.C.No.32/2025 filed by the respondent/husband clearly reveals that the Petitioner/wife is residing at Madalli Village, Laxmeshwar Taluka, Gadag District. However, the Respondent/Husband by filing the M.C.No.32/2025 before the Principal Judge, Family Court, Dharwad is intentionally harassing the Petitioner/wife. II. It is submitted that after disposal of the maintenance case before the Civil Judge and JMFC, Laxmeshwar in Crl.Misc.No.103/2022, the same was partly allowed on 05.11.2024. It is further submitted that on 25.01.2025, the Respondent/husband has filed a counterblast petition before the Principal Judge, Family Court, Dharwad. Hence, it is prayed that the petition be allowed in the interest of justice. - 3 - HC-KAR NC: 2025:KHC-D:13027 CP No. 100082 of 2025 III. It is submitted that the Petitioner/wife has two children: one female child, aged 8 years and one male child aged 3 years. Traveling to Dharwad to attend the Court proceedings, which is approximately 50 kms one way, will cause serious inconvenience. Furthermore, the Petitioner expresses a genuine apprehension regarding the potential danger to her life and limb. IV. It is submitted that the petitioner is not working and she has no source of income of her own.” 2. Along with this petition, the petitioner/wife has produced the copy of order sheet and copy of petition filed under Section 9 of the Hindu Marriage Act, pertains to M.C.No.32/2025 on the file of Family Court at Dharwad and copy of order sheet and copy of petition pertains to Criminal Miscellaneous No.280/2024 filed under Section 144(3) of the BNSS Act by the present petitioner/wife along with her two minor children against the respondent/husband. 3. Respondent/husband appeared and filed his written statement of objections contending that he has admitted that the petitioner is his wife. It is also admitted as to the litigation - 4 - HC-KAR NC: 2025:KHC-D:13027 CP No. 100082 of 2025 between him and petitioner in various courts. It is stated that the petitioner has filed suit for partition and separate possession before the II Additional Senior Civil Judge, Hubballi, in O.S. No.262/2022. The petitioner herself has filed suit for partition in the above said Court. The petitioner is coming to Hubballi to conduct the case. The petitioner is in the habit of filing the cases before the various Courts and harassing this respondent. The maintenance case of the petitioner filed in Crl.Misc.No.103/2022 before the Civil Judge and JMFC, Laxmeshwara, has stayed by the Court of District and Sessions Judge, Gadag in Criminal Revision Petition No.103/2025. 4. Respondent/husband has also filed additional statement of objections before this Court, in which it is stated that the petitioner is his wife, she has filed C.P.No.100089/2025, which was disposed of by this Hon'ble Court by transferring the G & W. No.3/2023 and renumbered as G & W No.60/2025 before the Senior Civil Judge, Laxmeshwar at Laxmeshwar which was filed by the respondent/husband. As per the directions of this Court the respondent was appeared before the Senior Civil Judge, Laxmeshwar at Laxmeshwar on 15.09.2025. After adjournment - 5 - HC-KAR NC: 2025:KHC-D:13027 CP No. 100082 of 2025 of the case, when the respondent came out side of the court, father of the petitioner by name Chandrappa S/o.Yallappa Baradwad and his henchmen have attacked the respondent infront of the Basaveshwar Khanavali near bus stand of Laxmeshwar as well as in Shigli circle in front of the Dargah at Laxmeshwar then assaulted on neck, back and chest of the respondent and also gave life threat by saying that, thee will kill him. After this incident, respondent escaped from them and admitted in Civil Hospital, Dharwad for medical treatment as indoor patient. On 17.09.2025, he has discharged from the said hospital. As per the advice of the doctors, he takes bed rest upto 19.09.2025, thereafter he went to the Laxmeshwar Police Station for lodging of the complaint on 20.09.2025, but said Laxmeshwar Police have refused to take his complaint, then respondent sent the said complaint through RPAD to the CPI Laxmeshwar, Dy.S.P. Gadag Betageri and S.P. Gadag District. 5. It is further stated that in the same manner, the petitioner and her parents along with one more Shivanagouda Patil and their henchmen have illegally tress passed the land of the respondent and cultivated the same by illegally. Thereafter, - 6 - HC-KAR NC: 2025:KHC-D:13027 CP No. 100082 of 2025 the brother of respondent lodged the complaint before the Hubballi Rural Police Station on 17.05.2022 against the said persons, then after lodging the complaint the above said persons appeared before the said police and have compromised with the respondent family and told that, they will not enter the lands of the respondent without any legal documents. 6. Further it is stated that the petitioner and her parents along with the said Shivanagouda Patil and Shivanand Hosamani have entered into the house of respondent and have forcibly taken the female child of the respondent by name Chandana on 08.03.2022 and also they have threatened the life threat to the respondent and his mother. Thereafter this respondent and his mother have admitted to the Civil Hospital, Dharwad four days for treatment. It is further stated that, viewed from any angle the conduct of petitioner and her parents along with their relatives, i.e., Shivanagouda Patil and their henchmen shows that, in variably they have been involved in the criminal activities against the respondent and his family members. On all these grounds seeks for dismissal of this petition. - 7 - HC-KAR NC: 2025:KHC-D:13027 CP No. 100082 of 2025 7. Along with the additional statement of objections respondent/husband has produced the copy of complaint filed before the Police Inspector, Laxmeshwar Police Station, Discharge summary issued by the District Hospital, Dharwad for his treatment as inpatient as well as the copy of complaint addressed to the Police Inspector, Rural Police Station, Hubballi by the respondent as well as the copy of registered postal receipts and CD and his another discharge summary 8. Learned counsel for the petitioner/wife would submit that the petitioner/wife has two minor children, one female child and one male child. Travelling to attend the Court proceedings at Dharwad which is approximately 50 kms one way from Laxmeshwar will cause serious inconvenience. The petitioner/wife expressed her genuine apprehension regarding the potential danger to her life and limb. She has no source of income. Further it is submitted that the present petitioner has filed CP.No.100089/2025 and same was allowed by this Court and the proceedings in G. & W.C.No.3/2023 pending on the file of Family Court Dharwad to the Court of Senior Civil Judge, - 8 - HC-KAR NC: 2025:KHC-D:13027 CP No. 100082 of 2025 Laxmeshwar. On all these grounds sought for allowing of this petition. 9. As against this, learned counsel for respondent/husband reiterating the averments made in the statement of objections and additional statement of objections would submit that he has complied the order of the Court passed in Criminal Miscellaneous No.103/2022 and further he would submit that the petitioner has filed original suit before the Senior Civil Judge, Hubballi for partition and separate possession and sought for dismissal of this petition. 10. I have examined the materials placed before this Court. 11. The petitioner has suppressed the fact as to the filing of the original suit in O.S.No.262/2022 before the II Additional Senior Civil Judge, Hubballi. It is admitted that the petitioner/wife has not taken steps to transfer the said O.S.No.262/2022. 12. The distance between the Laxmeshwar and Dharwad is only 50 to 60 kms. Under the given set of facts and - 9 - HC-KAR NC: 2025:KHC-D:13027 CP No. 100082 of 2025 circumstances, it is not appropriate to transfer the case in M.C.No.32/2025. Hence, I proceed to pass the following : ORDER (i) Petition is dismissed. (ii) However, the respondent/husband is directed to pay an amount of Rs.2,000/- per hearing on appearance of the petitioner/wife pertaining to M.C.No.32/2025 till disposal of the same. Sd/- (G BASAVARAJA) JUDGE CKK CT-CMU LIST NO.: 1 SL NO.: 36