- 1 - HC-KAR NC: 2025:KHC-D:9176 CP No. 100011 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 25TH DAY OF JULY 2025 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL CIVIL PETITION NO. 100011 OF 2025 BETWEEN: SMT. REKHA @ SHAILAJA W/O. BHIMAPPA, AGE: 35 YEARS, OCC: NIL, R/AT: MAGADI, TQ: SHIRAHATTI, DIST: GADAG – 582 117. …PETITIONER (BY SRI. SANTOSH A. BIRANAGI, ADVOCATE) AND: SRI. BHIMAPPA S/O. BASAWANTAPPA KARIGAR, AGE: 40 YEARS, OCC: AGRICULTURE, R/AT: DEVIHOSRU, TQ & DIST. HAVERI – 581 110. …RESPONDENT (BY SRI. VIDYASHANKAR G. DALWAI, ADVOCATE) THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CODE OF CIVIL PROCEDURE PRAYING TO TRANSFER THE MATRIMONIAL CASE NO.141 OF 2024 ON THE FILE OF THE PRL. JUDGE FAMILY COURT HAVERI TO THE CIVIL JUDGE AND JMFC LAXMESHWAR AT GADAG 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:9176 CP No. 100011 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.G.S. KAMAL) 1. The present petition is by the petitioner - wife seeking transfer of proceedings in M.C.No.141/2024 initiated by the respondent-husband seeking restitution of conjugal rights pending consideration on the file of the Principal Judge Family Court, Haveri to the Court of Civil Judge and JMFC, Laxmeshwar at Gadag. 2. It is submitted that the distance between Haveri where the present proceedings is pending consideration and Laxmeshwar is about more than 120 kilometers and the petitioner would be put to hardship to travel all the way from Laxmeshwar to Haveri to contest the proceedings effectively. 3. Marriage between the petitioner and respondent having taken place on 29.04.2021, at Devihosur village of Haveri District is not in dispute. The petitioner is admittedly residing at Gadag. Even in terms of Section 19(ii) of Hindu Marriage Act, the petition is required to be - 3 - HC-KAR NC: 2025:KHC-D:9176 CP No. 100011 of 2025 filed where the respondent resides. Therefore, this Court is of the considered view that the petitioner has made out a case for allowing of the petition. 4. For the aforesaid reasons, the petition is allowed directing that M.C.No.141/2024 pending on the file of consideration on the file of the Principal Judge Family Court, Haveri be withdrawn and transferred to the Court of Civil Judge and JMFC, Laxmeshwar at Gadag. 5. Since the parties are represented through their counsels, they shall appear before the Civil Judge and JMFC, Laxmeshwar at Gadag on 21.08.2025 without any further notice. Sd/- (M.G.S. KAMAL) JUDGE Sh/SMM/CT-ASC List No.: 1 Sl No.: 2