- 1 - CP No. 100075/2025 Reserved on : 21.08.2025 Pronounced on : 30.08.2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 30TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CIVIL PETITION NO.100075 OF 2025 BETWEEN: SMT. JAYASHREE HATTI W/O. SHIVANAND NRAGATTI AGE. 28 YEARS, OCC. HOUSEWIFE, R/O. WARD NO.6, TORGAVI COLONY, MAHALINGPUR, TQ. MUDHO, DIST. BAGALKOT-587312. ...PETITIONER (BY SMT. PADMAJA TADAPATRI, ADVOCATE FOR SRI. S.A. SANDUR, ADVOCATE) AND: SHIVANAND S/O. KRISHNAPPA NARAGATTI AGE. 34 YEARS, OCC. EMPLOYED, E/O. 786, CHAMARAJ MOHALLA, CITB, HUDCO 2ND STAGE, KUVEMPU NAGAR, DIST. MYSURU-570023. …RESPONDENT (BY SRI V PRAKASH & SRI R. GOVINDRAJU, ADVOCATES) THIS CP FILED UNDER SECTION 24 OF CPC., PRAYING TO TRANSFERRING M.C.NO.24/2025 PENDING ON THE FILE OF III ADDL. PRINCIPAL JUDGE, FAMILY COURT, MYSURU, TO Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.08.30 12:03:33 +0530 - 2 - CP No. 100075/2025 SENIOR CIVIL JUDGE COURT, BANAHATTI, IN THE INTEREST OF JUSTICE AND EQUITY. IN THIS CIVIL PETITION ARGUMENTS HAVING BEEN HEARD, RESERVED ON 21.08.2025 AND COMING ON FOR “PRONOUNCEMENT OF ORDERS”, THIS DAY, THE COURT DELIVERED THE FOLLOWING: CAV ORDER (PER: THE HON'BLE MR. JUSTICE G BASAVARAJA) This petition is filed under Section 24 of Code of Civil Procedure seeking transfer of MC No.24 of 2025, pending on the file of III Additional Principal Judge, Family Court, Mysuru to the Court of Senior Civil Judge, Banahatti. 2. It is stated in the petition that the initiation of divorce proceedings by the respondent-husband before the Family Court at Mysuru is clearly vexatious and the same is initiated with an intention to harass the petitioner. It is also stated that the petitioner-wife, along with minor child, is residing with her parents, and she has no income of her own. Even financially, she is totally dependent upon her parents. It is stated that Mysuru is situated at a distance of more than 600 kms. from Banahatti and travelling to Mysuru on every date of hearing, along with her minor child, will prejudice the petitioner and in such case, if the proceedings before the Court at Mysuru is not transferred, the petitioner would be put to serious - 3 - CP No. 100075/2025 financial hardship. On all these grounds, it is sought to allow the petition. 3. The respondent has entered appearance and filed written objections contending that the petition is not maintainable both in law and on facts. It is stated that the grounds urged in the petition are false, misleading and deliberately distorted to gain undue advantage and cause inconvenience and harassment to the respondent. It is stated that the marriage between the petitioner and the respondent was an arranged marriage, however, the marriage was solemnized under coercion and pressure and against the free consent of the respondent-husband. It is further stated that the petitioner, without any justifiable cause, created a public nuisance at the respondent’s workplace and falsely implicated him by initiating a missing complaint. The petitioner, with assistance of unknown individuals, forcibly abducted and physically assaulted the respondent. In this regard, the respondent has submitted formal complaint to the competent authorities i.e. Inspector General of Police, Belagavi, Commissioner of Police, Hubbali and the Police Inspector, Sub- Urban Police Station, Dharwad. It is further stated that the - 4 - CP No. 100075/2025 present petition has been filed only with an intention to harass and give mental torture to the respondent. The petitioner has approached the Court with unclean hands suppressing material facts and making false statements. It is further stated that the respondent is a permanent resident of Mysuru. Transferring the case from Mysuru to Banahatti would cause hardship, inconvenience, and financial burden to the respondent, besides affecting his personal safety, as he has received threats from petitioner’s side. It is also stated that the petitioner has already attempted to interfere with the liberty and life of the respondent, and hence, considering the past conduct of the petitioner, so also, the threats faced by the respondent, any direction of transfer of case to Banahatti where the petitioner resides, will endanger the safety and well-being of the respondent. It is also contended that the transfer of case, at this stage, will not only cause multiplicity of proceedings but also delay the trial unnecessarily which is neither in the interest of justice nor in favour of expeditious disposal of the case. Hence, it is sought for dismissal of the petition. 4. The petitioner has produced the copy of the petition in MC No.24 of 2025 filed under Section 13(ia) and (ib) of the - 5 - CP No. 100075/2025 Hindu Marriage Act, 1955, before the Principal Judge, Family Court, Mysuru. The petitioner has also produced the copy of the order sheet pertaining to the said case. The respondent has produced copy of the report submitted by Upanagar Police Station, Dharwad to Assistant Commissioner of Police, Dharwad dated 19th August, 2023, and also produced copy of FIR pertaining to Crime No.130 of 2023 dated 11th June, 2023, so also the copy of the complaint addressed to Inspector General of Police, Belgaum, Commissioner of Police, Hubballi-Dharwad, and to the Inspector of Police, Sub-urban Police Station, Dharwad. 5. There is no dispute between the parties as to their relationship as husband and wife. Petitioner-wife has clearly stated in her petition that she is residing with her parents and she has no income of her own and she is totally dependent upon her parents. The distance between Mysuru and Banahatti is more than 600 kms. Petitioner has to travel to Banahatti along with her minor child which will seriously prejudice the petitioner. It is also not in dispute that the respondent is an employee and petitioner is a homemaker. Considering the financial status of the petitioner, at this stage, it is just proper - 6 - CP No. 100075/2025 to allow this petition. In the result, I proceed to pass the following: O R D E R i) Petition is allowed; ii) MC No.24 of 2025 pending on the file of the III Additional Principal Judge, Family Court, Mysuru is withdrawn and is transferred to the Court of Senior Civil Judge, Banahatti for disposal in accordance with law; iii) Registry to send the copy of this order to both the courts for necessary action. Sd/- (G BASAVARAJA) JUDGE lnn CT-CMU