- 1 - HC-KAR NC: 2025:KHC-D:9179 CP No. 100113 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.100113 OF 2025 BETWEEN: SMT. VIJAYALAKSHMI W/O. UMESH B., AGE: 27 YEARS, OCC: HOUSEHOLD WORK, R/O: KODAGINABYLU VILLAGE BANAGATTU, TQ: SIRSI, DIST: UTTARA KANNADA – 581 401. …PETITIONER (BY SRI. GIRISH A. YADAWAD, ADVOCATE) AND: UMESH B. S/O. BASAPPA, AGE: 32 YEARS, OCC: PVT SERVICE, R/O: NO.176/1 BHOVIPALYA, 2ND MAIN ROAD, 2ND CROSS, NEAR GOVERNMENT SCHOOL, MAHALAXMI LAYOUT, DIST: BENGALURU - 560 086. …RESPONDENT (RESPONDENT IS SERVED) THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CODE OF CIVIL PROCEDURE PRAYING TO WITHDRAW AND TRANSFER MC NO.2425/2025 PENDING ON THE FILE OF THE PRINCIPAL JUDGE, FAMILY COURT, BENGALURU TO THE COURT OF THE SENIOR CIVIL JUDGE, SIRSI, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC., 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:9179 CP No. 100113 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.G.S. KAMAL) 1. The present petition is by the wife seeking transfer of proceedings in M.C.No.2425/2025 initiated by the respondent-husband seeking dissolution of their marriage pending consideration on the file of the Principal Judge Family Court, Bengaluru to the Senior Civil Judge, Sirsi. 2. Marriage between the petitioner and respondent having taken place on 13.04.2022, at Sirsi is not in dispute. It appears due to the marital discord, the respondent has initiated the aforesaid proceedings seeking dissolution of marriage. 3. It is submitted that the distance between Bengaluru where the present proceedings is pending consideration and Sirsi is about more than 407 kilometers and the petitioner would be put to hardship to travel all the way from Sirsi to Bengaluru to contest the proceedings effectively. - 3 - HC-KAR NC: 2025:KHC-D:9179 CP No. 100113 of 2025 4. The marriage of the petitioner and respondent is admittedly had taken place in Sirsi and petitioner is admittedly residing at Sirsi. Even in terms of Section 19 of Hindu Marriage Act, the petition for divorce is required to be filed where the respondent resides. Further, admittedly the distance between Bengaluru and Sirsi is 407 kilometers. This Court is of the considered view that petitioner has made out a case of allowing of the petition. 5. For the aforesaid reasons, the petition is allowed directing to present the matter in M.C.No.2425/2025 pending on the file of Principal Judge Family Court, Bengaluru be transferred to the Senior Civil Judge, Sirsi, who shall proceed in accordance with law after service of notice to the parties. Sd/- (M.G.S. KAMAL) JUDGE SMM/CT-ASC List No.: 1 Sl No.: 5