- 1 - HC-KAR NC: 2025:KHC-D:9389 CP No. 100195 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 30TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CIVIL PETITION NO. 100195 OF 2024 BETWEEN: SMT. SAVITHRI W/O. KALAKABANDI AGED ABOUT 35 YEARS W/O. MANJUNATH V. D/O. SHEKARAPPA KALAKABANDI, NO 18, BETAGERE LAYOUT M.R. NAGAR, DHARWAD 580001. …PETITIONER (BY SRI. ASHA S. PRALAYAKALMATH, ADVOCATE) AND: SHRI MANJUNATH V. AGED ABOUT 41 YEARS C/O. SHIVAKUMR S. SON OF LATE VEERABHADRA R/AT. #10/10A, 7TH MAIN, 3RD STAGE, GOKULAM, MYSURU-590002. …RESPONDENT (NOTICE TO RESPONDENT SERVED) THIS CIVIL PETITION FILED U/SEC.24 OF CPC, PRAYING THAT, TRANSFER MC NO.595/2024 TITLED AS MANJUNATH V. VS. SMT. SAVITHRI KALAKABANDI WHICH IS PENDING BEFORE JUDGE FAMILY COURT MYSURU TO JUDGE FAMILY COURT, DHARWAD AND PETITIONER BE PERMITTED TO AMEND THE PETITION AS AND WHEN NECESSARY, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, 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: 2025.08.01 15:03:44 +0530 - 2 - HC-KAR NC: 2025:KHC-D:9389 CP No. 100195 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE G BASAVARAJA) Heard learned counsel for the petitioner. 2. Petitioner has filed this petition under Section 24 of the CPC seeking to transfer M.C.No.595/2024, which is pending before the Judge, Family Court, Mysuru to the Court of Judge, Family Court, Dharwad. 3. In the petition, petitioner has urged the grounds for transfer of the case are as under : (a) The petitioner is residing with her 2 years girl child in her parental house at Dharwad. This petitioner is a housewife and her parents are also aged and having their age old problems. Moreover, the distance from Dharwad to Mysuru is more than 500 kilo meter. (b) The petitioner is having a small baby of 2 years old and she has to breast feed her every now and then. Hence, it becomes very difficult for her to leave - 3 - HC-KAR NC: 2025:KHC-D:9389 CP No. 100195 of 2024 the child in the custody of her parents while attending the Court. Moreover, petitioner’s parents are also old and ailing and they are not in a position neither to accompany her nor to take care of her child in her absence. The petitioner further state that she is not having any close relatives at Mysuru and she have to travel alone with her small kid from Dharwad to Mysuru and it becomes very difficult for her to travel all alone every now and then to attend the case. (c) That, this petitioner is the housewife and not working hence, now she is not in a position to spend any amount for the legal expenses and also towards travelling to Mysuru. Hence, in the best interest of the justice the M.C.No.595/2024 pending before the Hon’ble Judge, Family Court, Mysuru may kindly be transferred to Hon’ble Judge, Family Court, Dharwad. (d) That, the M.C.No.595/2024 case is fixed for the appearance of the petitioner and it is in a preliminary stage. And if it is transferred to Hon’ble - 4 - HC-KAR NC: 2025:KHC-D:9389 CP No. 100195 of 2024 Judge, Family Court, Dharwad to harm will be caused to the respondent but on the contrary if it is not transferred this petitioner will suffer irreparable loss and hardship in the event of trial of M.C.No.595/2024. 4. Despite service of notice, respondent remained absent and unrepresented. Accepting the grounds urged in the petition, I proceed to pass the following : ORDER (i) Petition filed under Section 24 of the CPC is allowed. (ii) The M.C.No.595/2024 on the file of Family Court, Mysuru shall be transferred to the Court of Judge, Family Court, Dharwad for disposal in accordance with law. (iii) Registry is directed to send a copy of this order to the respondent by RPAD. - 5 - HC-KAR NC: 2025:KHC-D:9389 CP No. 100195 of 2024 (iv) Registry is also directed to send copy of this order to both Courts mentioned above, for taking necessary action. Sd/- (G BASAVARAJA) JUDGE CKK LIST NO.: 1 SL NO.: 38