- 1 - HC-KAR NC: 2025:KHC-D:8608 CP No. 100105 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 11TH DAY OF JULY 2025 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL CIVIL PETITION NO.100105 OF 2025 BETWEEN: SMT. DIVYA @ LAXMI W/O. SHANKAR SIDDAPPA PUJARI, AGED ABOUT 30 YEARS, R/O: BEHIND POST OFFICE, MALLADIHALLI TALUKA, HOLAKERE, DIST: CHITRADURG – 577 531. …PETITIONER (BY SRI. RAVI H. K., ADVOCATE) AND: SHRI. SHANKAR S/O. SIDDAPPA PUJARI, AGE: 33 YEARS, OCC: ASSISTANT ENGINEER, IRRIGATIN DEPARTMENT, R/O: ANEBAVIKODI, JALAPUR ROAD, RAIBAG, TALUK: RAIBAG, BELAGAVI: 591 317. …RESPONDENT (BY SRI. SRINIVAS B. NAIK, ADVOCATE) THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CODE OF CIVIL PROCEDURE PRAYING TO DIRECT THE TRANSFER OF THE PROCEEDINGS IN M.C.NO.19/2025 PENDING AT THE SENIOR CIVIL JUDGE AND JMFC AT RAIBAG TO THE COURT OF SENIOR CIVIL JUDGE AND JMFC, HOLALKERE 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:8608 CP No. 100105 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.G.S. KAMAL) 1. This petition is filed by the petitioner-wife seeking transfer of the proceedings in M.C. No.19 of 2025, initiated by the respondent-husband on the file of the Senior Civil Judge and JMFC, Rayabag, under Section 9 of the Hindu Marriage Act, 1955, to the Court of the Senior Civil Judge and JMFC, Holalkere. 2. The marriage between the parties is not in dispute. The petitioner-wife presently resides at Holalkere, Chitradurga District, and the respondent-husband resides at Rayabag, Belagavi District, the distance between the two places being about 420 kilometers, which is also not in dispute. 3. It appears that, the petitioner-wife has initiated the proceedings seeking maintenance under Section 144 of the BNSS Act in Crl. Misc. No.201 of 2024, on the file of Senior Civil Judge and JMFC, Holalkere. The respondent- - 3 - HC-KAR NC: 2025:KHC-D:8608 CP No. 100105 of 2025 husband has appeared and is prosecuting the said proceeding, which is also not in dispute. 4. The respondent-husband has initiated the above proceedings under Section 9 of the Hindu Marriage Act 1955 subsequent to the proceedings initiated by the petitioner- wife. Citing inconvenience, financial constraints, and the long distance, the present petition is filed by the petitioner- wife seeking an order of transfer of the proceedings. 5. Objection statements have been filed by the learned counsel for the respondent, primarily opposing the petition on the ground that the respondent-husband is a Government Employee working as Assistant Engineer at Nippani. It is contended that the petitioner-wife had initiated the criminal proceedings under Section 498A of the Indian Penal Code, in which a B-report has already been filed. In the miscellaneous proceedings initiated by the petitioner-wife for maintenance, the respondent-husband has been directed to pay ₹30,000/- per month, which he has been paying promptly. It is further contended that - 4 - HC-KAR NC: 2025:KHC-D:8608 CP No. 100105 of 2025 being a Government Employee, he would find it difficult to appear on every date of hearing and prosecute the matter, and that since the financial needs of the petitioner-wife are being met, no hardship would be caused to her. 6. Heard. Perused the records. 7. The grounds urged by the respondent opposing the present petition, as noted above, is that being a Government Employee, he is unable to attend the proceedings regularly. However, it is needless to state that the respondent has been admittedly participating in the proceedings and defending the case initiated by the petitioner-wife in Crl.Misc.201 of 2024 at Holalkere. Moreover, the petition filed by him under Section 9 is subsequent one. It is not necessary for the petitioner- husband to attend on every date of hearing except on the dates when his presence is imparative. 8. Considering the distance between the places of residence and also the requirement under Section 19(ii) of the Hindu Marriage Act, 1955 which requires filing of the - 5 - HC-KAR NC: 2025:KHC-D:8608 CP No. 100105 of 2025 petition where the respondent resides, this Court does not find any merit in the objections raised. 9. For the aforesaid reasons, the petition is allowed. The proceeding in M.C. No.19/2025 pending on the file of the Senior Civil Judge and JMFC, at Raibag, are hereby withdrawn and transferred to the Court of the Senior Civil Judge and JMFC, Holalkere. 10. Since the parties are represented through their counsels, they shall appear before the Senior Civil Judge and JMFC, Holalkere on 18.08.2025 without any further notice. Sd/- (M.G.S. KAMAL) JUDGE VNP/CT-ASC List No.: 1 Sl No.: 13