- 1 - HC-KAR NC: 2025:KHC-D:15097 CP No. 100137 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 5TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE C M JOSHI CIVIL PETITION NO. 100137 OF 2025 BETWEEN: SMT. BHAGYA MARRY W/O. MEGHARAJ, AGE: 26 YEARS, OCC. HOUSE HOLD, R/O. WARD NO. 14, HOUSE NO. 95, SYED HUSSAIN SAB STREET, MILLER PETH, BALLARY, TQ. BALLARY, DIST. BALLARY-583101. …PETITIONER (BY SRI. VADIRAJ P. VADAVI, ADVOCATE) AND: MEGHARAJ S/O. MARIYAPPA, AGE: 30 YEARS, OCC. POLICE (CHITRADURGA TOWN PS ) R/O. YADDALADINNI CAMP, YEDALADINNI, HALAPUR, TQ. MASKI, DIST. RAICHUR, NOW RESIDING AT ZAHEERBAD AREA, RAICHUR, TQ. AND DIST. RAICHUR-584101. …RESPONDENT (RESPONDENT SERVED) THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CPC, PRAYING TO WITHDRAW/TRANSFER M.C.NO.25/2025 PENDING ON THE FILE OF THE HON’BLE PRINCIPAL JUDGE, FAMILY COURT, RAICHUR AND TRANSFER THE SAME TO THE HON’BLE PRINCIPAL JUDGE FAMILY COURT, BALLARI FOR TRIAL, IN THE INTEREST 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: 2025.11.06 14:27:50 +0530 - 2 - HC-KAR NC: 2025:KHC-D:15097 CP No. 100137 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE C M JOSHI) Heard the learned counsel appearing for the petitioner. 2. The petitioner has approached this Court seeking transfer of M.C.No.25/2025 pending on the file of the Principal Judge, Family Court, Raichur to the Principal Judge, Family Court, Ballari. 3. It is the case of the petitioner that the respondent, who is her husband, has filed a petition seeking divorce in M.C.No.25/2025 before the Principal Judge, Family Court, Raichur. The petitioner is residing at Ballari and she has a child aged about 9 years and it would be difficult for her to travel to Raichur, which is at a distance of around 150 km, to attend the Court proceedings on every date of hearing. It is contended that the petitioner had filed a petition for maintenance under Section 144 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 in Ballari and the same has been allowed. In support of her - 3 - HC-KAR NC: 2025:KHC-D:15097 CP No. 100137 of 2025 contention, a copy of the order in Criminal Misc.No.239/ 2023 and few other documents depicting her residence to be at Ballari are produced. Therefore, it is prayed that the matter, which is pending before the Family Court at Raichur, be transferred to the Family Court at Ballari. It is trite law that the place of residence of the wife would be a preferable place for the family matters and law liens in favour of the wife when it comes to the place of trial. In that view of the matter, the respondent already having suffered an order of maintenance and had also attended the proceedings at Ballari, it would be proper to allow the present petition. Hence, the following: ORDER (i) The petition is allowed. (ii) The M.C.No.25/2025 pending on the file of the Principal Judge, Family Court, Raichur is hereby withdrawn and transferred to the Principal Judge, Family Court, Ballari for disposal in accordance with law. - 4 - HC-KAR NC: 2025:KHC-D:15097 CP No. 100137 of 2025 (iii) Intimate both the Courts below. (iv) In view of disposal of the petition, pending interlocutory applications, if any, do not survive for consideration and are disposed of accordingly. SD/- (C M JOSHI) JUDGE YAN CT:PA LIST NO.: 1 SL NO.: 33