- 1 - HC-KAR NC: 2025:KHC-D:8610 CP No. 100107 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 11TH DAY OF JULY 2025 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL CIVIL PETITION NO.100107 OF 2025 BETWEEN: NIKITA W/O. SURAJ VARNEKAR, AGE: 29 YEARS, OCC: NIL/PVT JOB, R/O: 5729/A, SHUBHAM BUILDING, 5TH CROSS, SHASTRI NAGAR, BELAGAVI – 590 006. …PETITIONER (BY SRI. SATISHKUMAR G. BIRADAR, ADVOCATE FOR SRI. VITTHAL S. TELI, ADVOCATE) AND: SURAJ S/O. PRAMOD VARNEKAR, AGE: 30 YEARS, OCC: GOLD ORNMENT MAKER, R/O: 898, 2ND MAIN, 4TH CROSS, S. NIJALINGAPPA LAYOUT, DAVANAGERE – 577 006. …RESPONDENT (BY SRI. GIRISH V. BHAT, ADVOCATE) THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CIVIL PROCEDURE CODE 1908 PRAYING TO ALLOW THIS CIVIL PETITION BY WITHDRAWING MC NO.475/2024 BEFORE THE FAMILY COURT DAVANAGERE AND TRANSFER MC NO.475/2024 BEFORE THE PRINCIPAL JUDGE FAMILY COURT BELAGAVI IN THE INTEREST OF JUSTICE AND EQUITY. THIS CIVIL PETITION, COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:8610 CP No. 100107 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.G.S. KAMAL) 1. The petitioner-wife is before this Court seeking an order to withdraw M.C. No.475 of 2024 filed by the respondent-husband on the file of the Prl. Judge, Family Court, Davanagere, seeking dissolution of marriage under Section 13 of the Hindu Marriage Act, 1955, and transfer to the Court of the Prl. Judge, Family Court, Belagavi. 2. The marriage between the parties and due to the marital discord the petitioner-wife currently residing at Belagavi, while respondent- husband at Davanagere, is not in dispute. 3. It is submitted by the learned counsel for the petitioner that the respondent-husband had earlier filed proceedings in M.C. No.37 of 2024 under Section 9 of the Hindu Marriage Act before the Family Court, Davanagere. That pursuant to a petition filed by the petitioner-wife in M.C. No.222 of 2024, this Court allowed the said petition withdrawing and transferring said M.C. No.37 of 2024 from - 3 - HC-KAR NC: 2025:KHC-D:8610 CP No. 100107 of 2025 family court Davanagerd and placed before the Family Court at Belagavi for adjudication. 4. The petitioner-wife has also initiated proceedings under the Protection of Women from Domestic Violence Act, seeking interim protection and these proceedings are also pending consideration before the Family Court at Belagavi. The distance between Belagavi and Davanagere is 250 kilometers. 5. Despite the above, the respondent-husband has once again initiated the proceedings at Davanagere. He contends that, being engaged in the business of goldsmith, it would be very difficult for him to travel all the way from Davanagere to Belagavi to attend and prosecute the matter. He further submits that there is no difficulty for the petitioner-wife to travel to Davanagere and prosecute the matter there. On these grounds, he seeks rejection of the present transfer petition. 6. However, considering the fact that the respondent-husband had earlier initiated proceedings - 4 - HC-KAR NC: 2025:KHC-D:8610 CP No. 100107 of 2025 under Section 9 of the Hindu Marriage Act which were transferred to Belagavi at the instance of the petitioner- wife, there appears to be no justification for the respondent-husband to now initiate similar proceedings again at Davanagere. He was fully aware that his earlier case had already been transferred to Belagavi. 7. For the aforesaid reasons, and in the light of the provisions of Section 19 (ii) of the Hindu Marriage Act, the petition is allowed. The proceedings in M.C. No.475 of 2024, pending before the Family Court, Davanagere, hereby withdrawn and transferred to the Family Court, Belagavi. 8. Since the parties are represented by their respective counsel, they shall appear before the Family Court, Belagavi, on the 14.08.2025 without any further notice. Sd/- (M.G.S. KAMAL) JUDGE VNP/CT-ASC List No.: 1 Sl No.: 14