- 1 - HC-KAR NC: 2025:KHC-D:12355 CP No. 100161 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 17TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CIVIL PETITION NO.100161 OF 2025 BETWEEN: SMT. RENUKA W/O GANGADAR K, AGE. 25 YEARS, OCC. HOUSEHOLD, R/AT C/O. FAKEERAPPA & YALLAMMA, GOUSIYA COLONY, 4TH BLOCK, MEHABOOB NAGAR, GANGAVATHI, DIST. KOPPAL-583227. …PETITIONER (BY SRI. SIDDAPPA SAJJAN, ADVOCATE) AND: GANGADAR K S/O KUBERAPPA, AGE. 34 YEARS, OCC. DRIVER, R/AT JODIHOOCHIHALLI, DASARATTI GRAM, SUKARAYAPATTAN HOBLI, TQ. KADUR, DIST. CHIKKAMAGALURU-577548. …RESPONDENT (NOTICE TO RESPONDENT IS SERVED) THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CPC, PRAYING TO WITHDRAW THE PETITION M.C. NO.49/2025 UNDER SECTION 13(1)(3) HINDU MARRIAGE ACT FOR DECREE OF DIVORCE BEFORE HON’BLE SENIOR CIVIL JUDGE AND JMFC., AT KADUR, TRANSFER TO THE HON’BLE COURT OF SENIOR CIVIL JUDGE AT GANGAVATHI IN THE INTEREST OF EQUITY & ETC. THIS CP COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.09.20 10:56:43 +0530 - 2 - HC-KAR NC: 2025:KHC-D:12355 CP No. 100161 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE G BASAVARAJA) 1. Heard the arguments of learned counsel for the petitioner. 2. Petitioner, Smt.Renuka W/o Gangadar K, has filed this petition under Section 24 of the Code of Civil Procedure, 1908 (for short, ‘the CPC’), seeking to transfer the proceedings in M.C.No.45/2025 from the Court of the Senior Civil Judge and JMFC, Kadur, to the Court of the Senior Civil Judge at Gangavati, on the following grounds: i. “The distance between the Gangavati and Kadur is more than 300 kms, and the petitioner needs to change buses before reaching Kadur from Gangavati, this being so, it is very difficult for her to travel alone to Kadur whenever the case is taken up for hearing, at Kadur. ii. The petitioner submits that, she has no any source of income, and nobody is there to accompany the petitioner and she is not working and not able to maintain herself and she not in a position to spend for travelling expenses and there is harassment at Kadur and it has become very difficult to the petitioner to attend court proceeding at Kadur. - 3 - HC-KAR NC: 2025:KHC-D:12355 CP No. 100161 of 2025 iii. That, even though the petitioner is ever ready to lead happy married life despite all these shortcoming from his side in the past, but unable look after herself, the petitioner is presently residing her parental house at Gangavati and her parents also very poor villagers. But knowing very well about this, the respondent with an intention to further harass, has filed this petition at Kadur.” 3. Along with the petition, the petitioner has produced a copy of the petition filed by the respondent in M.C. No.49/2025 under Section 13(1)(3) of the Hindu Marriage Act, 1955. 4. Despite service of notice to respondent, he remained absent and unrepresented. 5. There are no materials on record to disprove or discard the grounds urged by the petitioner. Hence, I proceed to pass the following: ORDER i. Civil Petition is allowed; - 4 - HC-KAR NC: 2025:KHC-D:12355 CP No. 100161 of 2025 ii. M.C. No.49/2025, pending on the file of the learned Senior Civil Judge and JMFC, Kadur, is hereby withdrawn and transferred to the Court of the learned Senior Civil Judge at Gangavati, for disposal in accordance with law; iii. Registry is directed to send a copy of this order to the respondent by Registered Post Acknowledgment Due; iv. Registry is also directed to send a copy of this order to both the Courts for taking necessary action. Sd/- (G BASAVARAJA) JUDGE AC, ct:vp LIST NO.: 1 SL NO.: 39