- 1 - HC-KAR NC: 2025:KHC-D:11052 CP No. 100120 of 2025 IN THE HIGH COURT OF KARNATAKA AT DHARWAD DATED THIS THE 30TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CIVIL PETITION NO. 100120 OF 2025 BETWEEN: SMT. TEJASWINI TALWAR W/O. RANJIT N.R., AGED ABOUT 33 YEARS, R/AT. MANJUNATHA MULAGUNDA BUILDING, ASHWINI NAGARA, 1ST CROSS, HAVERI DISTRICT-591110. …PETITIONER (BY SRI GADILINGAPPA G.M., ADVOCATE.) AND: SRI RANJIT N.R. S/O. REVANASIDDAPPA A. AGE: ABOUT 33 YEARS, OCC: ENGINEER AT PRIVATE COMPANY, DHRUVA ENGINEERING CONSULTANCY, MALLESHWARAM, BENGALURU. R/AT. NO.35/2, JK NILAYA, ANJANEYA TEMPLE STREET, NEAR RAMAMANDIRA, YESHWANTHPURA, BENGALURU-560022. …RESPONDENT (NOTICE SERVED TO RESPONDENT.) THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF THE CIVIL PROCEDURE CODE, 1908, PRAYING TO ALLOW THIS PETITION AND TRANSFER THE CASE IN M.C.NO.2122/2025, WHICH IS PENDING BEFORE THE II ADDITIONAL PRINCIPAL Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.09.04 12:46:21 +0530 - 2 - HC-KAR NC: 2025:KHC-D:11052 CP No. 100120 of 2025 JUDGE, FAMILY COURT AT BENGALURU, TO THE COURT OF THE PRINCIPAL JUDGE, FAMILY COURT AT HAVERI IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION COMING ON FOR ADMISSION THIS DAY, ORDER IS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE G BASAVARAJA) Learned counsel for the petitioner is present. Though notice issued to the respondent is served to him, he remained absent and unrepresented. 2. Heard the learned counsel for petitioner. 3. This petition is filed by the petitioner under section 24 of the Code of Civil Procedure, 1908, seeking to transfer M.C.No.2122/2025, pending on the file of II Additional Principal Judge, Family Court, Bengaluru, to the Court of Principal Judge, Family Court, Haveri, on the following grounds. “15. It is submitted that if the proceedings are not transferred from Bengaluru to Haveri, the petitioner will not be in a position to effectively defend her case as she can't travel alone from Haveri to Bengaluru and attend the - 3 - HC-KAR NC: 2025:KHC-D:11052 CP No. 100120 of 2025 case on each and every date of hearing filed by the respondent in Bengaluru which is more than 350 Km from Haveri and also it will be difficult to leave the small child which is 2 years old with her aged parents who are suffering from old age ailments who are unable to take care of the small child. On this ground alone, the proceedings before the Hon'ble II Addl. Prl.Judge, Family Court at Bengaluru in M.C.No.2122/2025 is liable to be transferred to Hon'ble Prl.Judge, Family Court at Haveri where M.C.No.53/2025 is pending for adjudication. 16. It is submitted that the respondent herein is working in a private company and is a man of means and no prejudice would be caused to him if the proceedings is transferred to the court of Hon'ble Prl.Judge, Family Court at Haveri. As a matter of fact, the respondent herein is well aware about the places in Haveri. On this ground also, the interference of this Hon'ble Court is just and necessary. 17. It is submitted that, the petitioner is unemployed and the petitioner and her child are residing in her parental home depending on her old aged parents for their livelihood. On account of financial situation of the petitioner and she being a lady and mother of small child, finds it difficult to travel alone to Bengaluru leaving the small child at home and defend the case initiated by the respondent for the said reasons also, the intervention of this court to meet the ends of Justice is just and necessary.” - 4 - HC-KAR NC: 2025:KHC-D:11052 CP No. 100120 of 2025 4. To substantiate her contentions, the petitioner has produced copy of the petition filed by her husband in Bengaluru Court, under Section 9 of the Hindu Marriage Act, for restitution of conjugal rights in M.C.No.2122/2025 and also the notice issued to her in the said case. She has also produced copy of the petition filed by her in Haveri Court, under section 9 of the Hindu Marriage Act, in M.C.No.43/2025 and the copy of order sheet in the said case. 5. Despite service of notice, the respondent remained absent and unrepresented. There are no materials to discard the grounds urged by the petitioner in the petition. 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:11052 CP No. 100120 of 2025 ii) M.C.No.2122/2025, pending on the file of II Additional Principal Judge, Family Court, Bengaluru, shall be transferred to the Court of Principal Judge, Family Court, Haveri, for disposal in accordance with law. iii) Registry to send a copy of this order to the respondent/husband through RPAD/speed post. iv) Registry 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.: 52