- 1 - HC-KAR NC: 2025:KHC-D:9180 CP No. 100121 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 25TH DAY OF JULY 2025 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL CIVIL PETITION NO.100121 OF 2025 BETWEEN: SMT. SOUMYA @ NANDINI W/O. MADIVALARA BASAVARAJ D/O. G. ANJANEYA, AGE: 31 YEARS, OCC: HOUSEHOLD, R/O: RAMAPUR VILLAGE, A. K. COLONY ROAD, NEAR HULIGEMMA DEVI TEMPLE, RAMPURA VILLAGE, MALKOLMURUR RALUK, CHITRADURGA – 577 540. …PETITIONER (BY SRI. R. M. JAVED, ADVOCATE) AND: MADIVALARA BASAVARAJA S/O. MADIVALARA HULUGAPPA, AGE: 36 YEARS, OCC: NOT MENTIONED IN CAUSE TITLE, (HE IS WORKING WITH AXIS BANK AS FIELD OFFICER) R/O: GOUDAR ONI, INDIRA GANDHI CIRCLE, THAMBRAHALLI HAGARIBOMMANAHALLI TALUK, VIJAYANAGARA DIST – 583 212. …RESPONDENT (RESPONDENT IS SERVED) THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CODE OF CIVIL PROCEUDRE PRAYING TO PASS AN ORDER OF WITHDRAWAL OF MC NO.77/2024 PENDING FILE BEFORE SENIOR CIVIL JUDGE AND JMFC, HAGARIBOMMANAHALLI TO SENIOR CIVIL JUDGE, MOLAKALMURU IN THE INTEREST OF JUSTICE 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:9180 CP No. 100121 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.G.S. KAMAL) 1. The present petition is by the wife seeking transfer of proceedings in M.C.No.77/2024 initiated by the respondent-husband seeking restitution of conjugal rights pending consideration on the file of the Senior Civil Judge and JMFC, Hagaribommanahalli to the Senior Civil Judge, Molakalmuru. 2. Marriage of the petitioner with the respondent having been solemnized on 22.06.2018 at Thambrahalli village, Hagaribommanahalli is not in dispute. There appears to be marital discord between the petitioner and the respondent. Petitioner has initiated proceedings under Section 144 of the Bhartiya Nagarik Suraksha Sanhita, 2023, seeking maintenance in Criminal Miscellaneous No.313/2025 on 28.04.2025 on the file of Civil Judge and JMFC, Molakalmuru, which is pending consideration. 3. Learned counsel for the petitioner submits that the respondent-husband has initiated proceedings under - 3 - HC-KAR NC: 2025:KHC-D:9180 CP No. 100121 of 2025 Section 9 of the Hindu Marriage Act, 1955, in MC No.77/2024 on the file of Senior Civil Judge and JMFC, Hagaribommanahalli. He further submits that the distance between Hagaribommanahalli and Molkalmuru is about 100 kilometers and apart from distance, since the petitioner has already initiated proceedings it would be more convenient for the petitioner to prosecute all the matters initiated by the respondent transfer to the Court at Molkalmuru. 4. Heard and perused the records. 5. The petitioner-wife initiated the proceedings in Criminal Miscellaneous No.313/2025 which is pending consideration before the Court at Molakalmuru. The distance between Hagaribommanahalli to Molakalmuru is 100 kilo meters. Even in terms of Section 19(ii) of Hindu Marriage Act, the petition is required to be filed where the respondent resides. Therefore, this Court is of the considered view that the petitioner has made out a case for allowing of the petition. - 4 - HC-KAR NC: 2025:KHC-D:9180 CP No. 100121 of 2025 6. Accordingly, petition is allowed. The proceedings initiated by the respondent-husband in MC No.77/2024 under Section 9 of the Hindu Marriage Act, 1955, be withdrawn and transferred to be adjudicated by the Senior Civil Judge, Molakalmuru, who shall proceed in accordance with law after service of notice to the parties. Sd/- (M.G.S. KAMAL) JUDGE SMM/CT-ASC List No.: 1 Sl No.: 7