- 1 - HC-KAR NC: 2025:KHC-D:9097 CP No. 100073 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 23RD DAY OF JULY 2025 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL CIVIL PETITION NO.100073 OF 2025 BETWEEN: SMT. BHOOMIKA @ BORAWWA W/O. KENCHANAGOUDA RENAKIGOUDRA, AGE: 32 YEARS, OCC: HOUSEHOLD WORK, R/O: TAKALE, TQ & DIST: SOLAPUR, NOW AT: RAJAJI NAGAR, VIJAYAPURA – 586 123. …PETITIONER (BY SRI. VIDYASHANKAR G. DALWAI, ADVOCATE) AND: KENCHANAGOUDA S/O. SURESHAGOUDA RENAKIGOUDRA, AGE: 42 YEARS, OCC: PRIEST, R/O: UGARGOL, TQ: SAUNDATTI, DIST: BELAGAVI, HALIVASTI SHREE RENUKA YALLAMMA DEVASTAN, SAUNDATTI, DIST: BELAGAVI – 591 126. …RESPONDENT (BY SRI. S. B. MALLIGAWAD, ADVOCATE) THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CODE OF CIVIL PROCEDURE 1908 PRAYING TO WITHDRAW AND TRANSFER OF MC NO. 37/202 PENDING ON THE FILE OF PRINCIPAL SENIOR CIVIL JUDGE, SAUNDATTI, THE PETITIONER HAS FILED THIS PETITION SEEKING TRANSFER OF THE SAID CASE TO THE COURT OF I ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, VIJAYAPURA, WHEREIN CRL. MISC. NO.532/2023 IS PENDING, 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:9097 CP No. 100073 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.G.S. KAMAL) 1. This petition is filed by the petitioner-wife seeking transfer of the proceedings in M.C. No.37 of 2020, initiated by the respondent-husband on the file of the Prl.Senior Civil Judge Saundatti, under Section 9 of the Hindu Marriage Act, 1955, to the Court of the I Addl. Prl.Judge, Family Court, Vijayapur. 2. Marriage between the petitioner and respondent having taken place on 14.04.2012, at Ganga Shankar Kalyana Mantapa, Saundatti is not in dispute. Due to the marital discord, the respondent has initiated the aforesaid proceedings seeking dissolution of marriage. 3. Learned counsel for the petitioner submits that the petitioner is presently residing at Vijayapur and that the distance between Vijayapur and Saundatti is approximately 216 kilometers. It is submitted that such distance causes considerable hardship for the petitioner to - 3 - HC-KAR NC: 2025:KHC-D:9097 CP No. 100073 of 2025 travel repeatedly in order to effectively contest the proceedings. 4. He further submits that in M.C. No. 37/2020, Prl. Senior Civil Judge, Saundatti by order dated 10.03.2021, while allowing the application filed by the petitioner-wife under Section 24 of the Hindu Marriage Act, directed the respondent-husband to pay a sum of ₹2,000/- per month towards interim maintenance and litigation expenses, till disposal of the petition. However, the respondent-husband has failed to comply with the said order and not paid the maintenance amount as directed. 5. Per contra, learned counsel for the respondent vehemently opposes the prayer made by the petitioner. 6. It is not disputed that the petitioner is residing at Vijayapur. In terms of Section 19(ii) of the Hindu Marriage Act, 1955, the petition for divorce may be instituted where the respondent resides. Considering that the distance between Vijayapur and Saundatti is admittedly 216 kilometers, this Court is of the considered - 4 - HC-KAR NC: 2025:KHC-D:9097 CP No. 100073 of 2025 opinion that the petitioner has made out a case for transfer of the proceedings. 7. For the aforesaid reasons, this court passes the following ORDER i) The petition is allowed. ii) The proceedings in M.C. No.37 of 2020 on the file of Prl. Senior Civil Judge Saundatti is withdrawn and transferred to Court of I Addl. Prl.Judge, Family Court, Vijayapur. iii) Since the parties are represented through their counsels, they shall appear before the Family Court on 28.08.2025 without any further notice. - 5 - HC-KAR NC: 2025:KHC-D:9097 CP No. 100073 of 2025 iv) The learned I Addl. Prl.Judge, Family Court, Vijayapur shall permit the respondent to prosecute the matter, subject to payment of maintenance amount as per the order dated 10.03.2021 passed in the aforesaid M.C. No.37/2020. Sd/- (M.G.S. KAMAL) JUDGE VB/CT-ASC List No.: 1 Sl No.: 12