- 1 - HC-KAR NC: 2025:KHC-D:15476 CP No. 100146 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 12TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE C M JOSHI CIVIL PETITION NO. 100146 OF 2025 BETWEEN: GAYATRI P. DESHPANDE W/O. PRASHANT L DESHPANDE, AGED ABOUT 34 YEARS, OCC. ANGANWADI TEACHER, R/O. #74, KASOGULI, HASANAGI, MANCHIKERI, YELLAPUR TALUK-581347, UTTARA KANNADA DISTRICT. …PETITIONER (BY SRI. PRAVEEN TARIKAR, ADVOCATE) AND: SRI. PRASHANT L DESHPANDE S/O. LAXMANRAO DESHPANDE, AGED ABOUT 37 YEARS, OCC. AGRICULTURE, R/O. KULE-KUMATAGI, SINDAGI TALUK-586128, VIJAYAPURA. …RESPONDENT (RESPONDENT –NOTICE SERVED) THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CPC, 1905, PRAYING TO TRANSFER THE M.C.NO.21/2025 PENDING BEFORE THE HON’BLE SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, SINDGI TO HON’BLE SENIOR CIVIL JUDGE AND PRINCIPAL JUDICIAL MAGISTRATE FIRST CLASS, YELLAPUR, IN ENDS OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER: YASHAVANT NARAYANKAR Digitally signed by YASHAVANT NARAYANKAR Date: 2025.11.14 10:21:34 +0530 - 2 - HC-KAR NC: 2025:KHC-D:15476 CP No. 100146 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE C M JOSHI) Heard the learned counsel appearing for the petitioner. Despite service of notice, the respondent has not appeared. 2. The learned counsel appearing for the petitioner submits that the respondent is the husband of the petitioner and they were married on 24.03.2019. They have begotten a child and therefore, the petitioner had come to the parental home. Thereafter, there were some difference of opinion between them and as such, the respondent has filed petition for divorce in M.C.No.21/2025 before the Senior Civil Judge and JMFC, Sindgi. The petitioner is staying at Yellapur and it is difficult for her to attend the Court at Sindgi. Therefore, she has prayed that M.C.No.21/2025 pending on the file of the Senior Civil Judge and JMFC, Sindgi be transferred to the Court of Senior Civil Judge, Yellapur. It is the case of the petitioner that she also has filed a petition for divorce in M.C.No.22/2025 before the Senior Civil Judge at Yellapur. Apart from that she has also filed a Crl.Misc.No.71/2022 before the Senior Civil Judge and JMFC, - 3 - HC-KAR NC: 2025:KHC-D:15476 CP No. 100146 of 2025 Mundgod. Therefore, the learned counsel for the petitioner submits that the petition be allowed. 3. In view of the law laid down by this Court in the case of Smt.M.V. Rekha v. Sri Sathya @ Suraj1 the law liens in favour of the wife and this Court has held that generally it is the wife’s convenience that must be taken into consideration while transferring the matter. Obviously, the petitioner is the resident of Yellapur and it is difficult for her to attend the Court at Sindgi. she has to travel a long distance to Sindgi to attend the Court. Moreover, she has also filed petition at Senior Civil Judge, Yellapur. The facts of the case show that comparative hardship would be more to the petitioner, if the matter is tried at Sindgi Court. In that view of the matter, the petition deserves to be allowed. Hence, the following: ORDER (i) The petition is allowed. (ii) The M.C.No.21/2025 pending on the file of the Senior Civil Judge and JMFC, Sindgi, is hereby withdrawn and 1 ILR 2010 KAR 5507 - 4 - HC-KAR NC: 2025:KHC-D:15476 CP No. 100146 of 2025 transferred to the Court of the Senior Civil Judge and Principal JMFC, Yellapur, for disposal in accordance with law. (iii) Registry to intimate this order to the said Courts. SD/- (C M JOSHI) JUDGE YAN CT:PA List No.: 1 Sl No.: 29