- 1 - HC-KAR NC: 2025:KHC-D:9121 CP No. 100189 of 2024 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.100189 OF 2024 BETWEEN: SHILPA W/O. SIDRAM NAGATHAN, SHILPA D/O. BASAPPA MYAGERI, AGE: 37 YEARS, OCC; HOUSE MAKER, R/O: C/O: MALLIKARJUN G. ALGURMATH, SHRI GURU BASAVA NIVAS, GUMASTARA COLONY, NEAR ZENDA KATTI, ASHRAM ROAD, VIJAYAPUR, NOW RESIDING AT C/O: G.B.MYAGERI, OPP. TO LPG GAS GODOWN, GANDHI NAGAR, DHARWAD – 580 004. …PETITIONER (BY SRI. CHETNA T. LIMBIKAI, ADVOCATE) AND: SIDRAM S/O. DEVENDRA NAGATHAN, AGE: 44 YEARS, OCC: SUB-REGISTRAR, R/O: KALIKA NAGAR, VIJAYAPURA – 586 103, NOW RESIDING AT OFFICE OF THE SUB REGISTRAR HUNAGUND, DIST: BAGALKOT – 587 118. …RESPONDENT (RESPONDENT IS SERVED) THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CODE OF CIVIL PROCEDURE CODE PRAYING TO PASS AN ORDER TO WITHDRAW THE CASE IN G AND WC NO. 06/2020 PENDING ON THE FILE OF I ADDITIONAL FAMILY COURT AT VIJAYAPURA AND TO TRANSFER THE SAME TO THE FILE OF PRINCIPAL JUDGE, FAMILY COURT AT DHARWAD, IN THE INTEREST OF JUSTICE AND EQUITY. Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:9121 CP No. 100189 of 2024 THIS CIVIL PETITION, COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.G.S. KAMAL) 1. The present petition is filed by the wife seeking transfer of G & WC No.6/2020, filed by the respondent– husband under Section 25 of the Guardians and Wards Act, 1890, read with Section 6 of Hindu Minority and Guardianship Act, 1956, from the Court of the 1st Addl. Family Court, Vijayapura, to the Prl. Judge, Family Court at Dharwad. 2. The case of the petitioner is that her marriage with the respondent was solemnized on 11.12.2010 at Vijayapura. A son and a daughter, namely Gautami and Aarush, were born on 20.11.2012 and 23.02.2015 respectively. There was marital discord between the petitioner and the respondent. Both the petitioner and the respondent had filed petitions under Section 9 of the Hindu Marriage Act seeking restitution of conjugal rights, which ended in a compromise, with both agreeing to resume their - 3 - HC-KAR NC: 2025:KHC-D:9121 CP No. 100189 of 2024 marital life. However, the said compromise did not materialise. 3. It is further submitted that the respondent– husband, by suppressing the fact that the petitioner was living along with him, filed another petition in M.C. No.198/2016 seeking dissolution of marriage, which was allowed exparte, thereby dissolving the marriage. Since the said order was passed in the absence of the petitioner, she has preferred an appeal in MFA No.201545/2022, which is pending consideration before this Court at the Kalaburagi Bench. 4. The present petition, i.e., G & WC No.6/2020, has been filed by the respondent–husband seeking custody of the aforesaid minor children, when the petitioner, respondent, and the minor children were residing at Vijayapura, within the jurisdiction of the Family Court at Vijayapura. It is submitted that the parties were prosecuting the matter before the Family Court at - 4 - HC-KAR NC: 2025:KHC-D:9121 CP No. 100189 of 2024 Vijayapura. However, the respondent–husband deserted the petitioner and the minor children and neglected to provide any maintenance. The rental premises in which the petitioner was residing along with the respondent and the minor children belonged to one Mallikarjun Algurmath. The said landlord had filed a complaint before the Jurisdictional Police, Adarsh Nagar, Vijayapura on 02.02.2023, stating that the respondent herein had informed him that he was not residing with the petitioner and minor children and was also not ready to pay the rent. As such, the landlord sought the intervention of the Police. Unable to withstand the situation, the petitioner moved to another residential accommodation at Vijayapura along with the minor children. However, since she was unable to pay rent due to lack of financial assistance, she moved out of Vijayapura and began residing with her mother at Dharwad. 5. The petitioner filed an application under Order VI Rule 17 of the CPC in I.A. No.V in G & WC No.6/2020, bringing the aforesaid aspect of the matter on record. The - 5 - HC-KAR NC: 2025:KHC-D:9121 CP No. 100189 of 2024 said application is still pending consideration. In the meanwhile, since the petitioner and the minor children are residing at Dharwad, and she is unable to prosecute the matter at Vijayapura, which is about 200 kilometres away, without any financial support, the present petition is filed seeking withdrawal and transfer of the G & WC No.6/2020 from the Court of the 1st Addl. Family Court, Vijayapura, to the Prl. Judge, Family Court at Dharwad. 6. Heard. Perused the records. 7. Though the notice of this petition has been served on the respondent, there is no representation. 8. The facts narrated above do not require any reiteration. The provisions of the Guardians and Wards Act, 1890 mandates that the proceedings concerning the custody and guardianship of minors shall be filed before the District Court within whose jurisdiction the minor wards are residing. Though, initially, when G & WC No.6/2020 was filed by the respondent–husband, the minor children were - 6 - HC-KAR NC: 2025:KHC-D:9121 CP No. 100189 of 2024 residing within the jurisdiction of Vijayapura District, in view of the circumstances narrated above, the petitioner is now residing at Dharwad along with the minor children, which falls within the jurisdiction of the Family Court at Dharwad. As already submitted, the petitioner has brought these subsequent developments on record by filing an application under Order VI Rule 17 of the CPC in I.A. No.V before the Family Court at Vijayapura. No irregularity can be found there either. 9. In the circumstances, the petition is allowed. G & WC No.6/2020 is directed to be withdrawn from the 1st Addl. Family Court at Vijayapura, and transferred to the Family Court at Dharwad. The Family Court at Dharwad, after ensuring effective service of notice on the respondent, shall proceed in accordance with law. Sd/- (M.G.S. KAMAL) JUDGE VNP/CT-ASC List No.: 1 Sl No.: 5