- 1 - HC-KAR NC: 2025:KHC-D:10980 CP No. 100166 of 2022 IN THE HIGH COURT OF KARNATAKA AT DHARWAD DATED THIS THE 29TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CIVIL PETITION NO. 100166 OF 2022 BETWEEN: SMT. JAYAMALA W/O. SHIVAPPA ADAKI AGE: 34 YEARS, OCC: HOUSEHOLD WORK, R/O. NANAGUNDIKOPPA, TQ: BAILHONGAL, DIST: BELAGAVI, NOW AT C/O. SHRI FAKIRAPPA CHENNABASAPPA MALKOTE, R/O. VARUR, TQ. HUBBALLI, DIST. DHARWAD-08 …PETITIONER (BY SRI SANTOSH S. HATTIKATAGI, ADVOCATE.) AND: SHRI SHIVAPPA S/O. NINGAPPA ADAKI AGE: 36 YEARS, OCC: EX-SERVICEMAN, R/O. NANAGUNDIKOPPA, TQ: BAILHONGAL, DIST: BELAGAVI-590001 …RESPONDENT (BY SRI SANGRAM KULKARNI, ADVOCATE.) THIS CIVIL PETITION FILED UNDER SECTION 24 OF THE CIVIL PROCEDURE CODE, 1908, PRAYING TO ALLOW THE CIVIL PETITION BY WITHDRAWING THE M.C.NO.75/2021 PENDING ON THE FILE OF THE SENIOR CIVIL JUDGE, BAILHONGAL TO PRINCIPAL JUDGE, FAMILY COURT, HUBBALLI, FOR PROPER ADJUDICATION OF THE MATTER, IN INTEREST OF JUSTICE AND EQUITY. Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.08.30 15:04:37 +0530 - 2 - HC-KAR NC: 2025:KHC-D:10980 CP No. 100166 of 2022 THIS PETITION COMING ON FOR FINAL HEARING THIS DAY, ORDER IS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE G BASAVARAJA) Heard the arguments. 2. This petition is filed by the petitioner under section 24 of the Code of Civil Procedure, 1908, seeking to transfer M.C.No.75/2021, pending on the file of Senior Civil Judge, Bailhongal, to the Court of Principal Judge, Family Court, Hubballi, on the following grounds. “5. It submitted that, the respondent herein in his petition itself admitted that he is resident of Varur village at Hubballl Taluka. Further the respondent gave a life threat and attempted to murder in the court campus only. Hence, it clearly shows that only to harass the petitioner he has filed the M.C. No.75/2021 before the Senior Civil Judge, Bailhongal. It is inconvenient for the petitioner to attend the court at Hubballi. 6. It is submitted that Bailhongal is far away from Hubballi i.e. about 90 km's. As such the petitioner alone cannot attend the court proceedings at Ballhongal as her life was threaten by the respondent. - 3 - HC-KAR NC: 2025:KHC-D:10980 CP No. 100166 of 2022 7. It is not possible for the petitioner to attend on every date of hearing before the court at Bailhongal since she is a helpless lady residing at her parents house. 8. The petitioner is also apprehended by the threat given by the respondent and his family while attending the court. 9. The petitioner is residing within the jurisdiction of Prl. Judge Family Court Hubballi and it is convenient for proper adjudication of matter by the Prl. Judge Family Court Hubballi and there is no active participation of the petitioner in proceedings with the matter due to threat given by the respondent.” 3. To substantiate her contentions, the petitioner has produced copy of the petition filed by her husband in Bailhongal Court, under Section 9 of the Hindu Marriage Act, for restitution of conjugal rights, in M.C.No.75/2021 and the copy of the order sheet is also produced. 4. The respondent appeared through his counsel Sri Sangram S. Kulkarni, appointed by the High Court Legal Service Committee. 5. Learned counsel for respondent Sri Sangram S. Kulkarni submits that the accused is in judicial custody as - 4 - HC-KAR NC: 2025:KHC-D:10980 CP No. 100166 of 2022 he is involved in an attempt to murder case. Further he would submit that, the distance between Hubballi to Bailhongal is only 80 kilometers and that there are no grounds to transfer the case. On these grounds he sought for rejection of the petition. 6. The main ground for filing of this petition is that the respondent gave life threat to the petitioner and attempted to murder the petitioner in the Court campus itself, which clearly goes to show that only to harass the petitioner, he has filed M.C.No.75/2021. Admittedly, the respondent is in judicial custody as he has attempted to commit murder of his wife in the Court campus. In order to safeguard the interest of the petitioner, she has filed this petition. Hence, accepting the grounds assigned in the petition, I proceed to pass the following: ORDER i) The petition filed under section 24 of CPC is allowed. - 5 - HC-KAR NC: 2025:KHC-D:10980 CP No. 100166 of 2022 ii) M.C.No.75/2021, pending on the file of Senior Civil Judge, Bailhongal, shall be transferred to the Court of Principal Judge, Family Court, Hubballi, for disposal in accordance with law. iii) Registry is directed to supply a free copy of this order to the learned counsel for respondent. iv) Registry is also directed to send a copy of this order to both the Courts for taking necessary action. Sd/- (G BASAVARAJA) JUDGE MRK Ct-cmu LIST NO.: 1 SL NO.: 62