- 1 - HC-KAR NC: 2025:KHC-D:17344 CP No. 100172 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 5TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE C M JOSHI CIVIL PETITION NO.100172 OF 2025 BETWEEN: SUMA W/O. MAHANTESH GADAD, AGE: 23 YEARS, OCC. HOUSEWIFE, R/O. BEHIND BHAVANI PARK, VIDYANAGAR, SHIRUR PARK, HUBBALLI, TQ. HUBBALLI, DIST. DHARWAD. …PETITIONER (BY SRI. D.M. MALLI, ADVOCATE; SRI. GANGADHAR HOSAKERI, ADVOCATE) AND: SRI. MAHANTESH S/O. IRANNA GADAD, AGE: 29 YEARS, OCC. ELECTRICIAN, R/O. 6TH CROSS, SHETTAR COLONY, DHARWAD, TQ. DHARWAD, DIST. DHARWAD. …RESPONDENT (RESPONDENT-NOTICE SERVED) THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CPC, PRAYING TO ALLOW PRESENT PETITION AND TRANSFER THE MC NO.140/2025 PENDING BEFORE THE PRINCIPAL JUDGE, FAMILY COURT, DHARWAD FILED BY THE RESPONDENT TO THE HON’BLE PRINCIPAL JUDGE, FAMILY COURT HUBBALLI, 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: 2025.12.09 14:59:37 +0530 - 2 - HC-KAR NC: 2025:KHC-D:17344 CP No. 100172 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE C M JOSHI) Heard the learned counsel appearing for the petitioner. 2. The petitioner is the wife of the respondent. The petitioner contends that the respondent has filed M.C.No.140/2025 before the learned Family Court, Dharwad seeking decree of divorce. The petitioner contends that she is a resident of Hubballi and it would be difficult for her to visit Dharwad and therefore, the M.C.No.140/2025 be transferred to the Family Court at Hubballi. 3. It is contended that the petitioner is residing with her parents at Hubballi and the respondent is an electrician having handsome income. It is further contended that it is convenient for the petitioner to attend the Court proceedings at Hubballi rather than at Dharwad. It was further argued that the distance between Hubballi and Dharwad is more than 30 kilometers and therefore, the convenience of the petitioner has to be looked into and as such the petition may be allowed. - 3 - HC-KAR NC: 2025:KHC-D:17344 CP No. 100172 of 2025 4. Despite service of notice, the respondent has not appeared before this Court. The learned counsel appearing for the petitioner submits that there is a life threat to the petitioner to attend the Court at Dharwad and therefore, the petition pending before the Family Court at Dharwad is to be transferred to the Family Court at Hubballi. 5. It is pertinent to note that Hubballi and Dharwad are in the limits of Hubballi-Dharwad Municipal Corporation. The distance between Hubballi and Dharwad is not more than 20 kilometers and there are ample conveyances, city buses between the twin cities. Transfer of the case from Dharwad to Hubballi is nothing but a misuse and abuse of the process of law. The contention of the learned counsel for the petitioner that there is a life threat for the petitioner to attend the Court at Dharwad is not justifiable, since there is no such pleading in the grounds urged in the petition. Therefore, this Court does not see any reason to transfer the petition from Dharwad to Hubballi, which is only about 20 kilometers and there being ample conveyance available. - 4 - HC-KAR NC: 2025:KHC-D:17344 CP No. 100172 of 2025 6. Under these circumstances, the petition is totally unmerited and as such the same is dismissed in limine. SD/- (C M JOSHI) JUDGE SSP CT:PA LIST NO.: 1 SL NO.: 23