- 1 - HC-KAR NC: 2025:KHC-D:8609 CP No. 100008 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 11TH DAY OF JULY 2025 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL CIVIL PETITION NO.100008 OF 2025 BETWEEN: SMT. SUDHA W/O. MANJUNATH BADIGER @ BADIGAR, R/O: MF VALIYAVR BUILDING, ISHWAR NAGAR, 1ST CROSS, HUBBALLI, TQ: HUBBALLI. …PETITIONER (BY SRI. ASHOK I. BADIGER, ADVOCATE) AND: MANJUNATH S/O. SHANTAPPA BADIGER @ BADIGAR AGE: 31 YEARS, OCC: CARPENTOR, R/O: MALAGUND, POST: KALLAPUR, TQ: HANAGAL, DIST: HAVERI. …RESPONDENT (RESPONDENT IS SERVED) THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CIVIL PROCEDURE CODE – 1908 PRAYING TO PASS AN ORDER TO TRANSFER THE CASE M.C.NO.77/2024 PENDING BEFORE THE SENIOR CIVIL JUDGE HANAGAL TO SENIOR CIVIL JUDGE AND JMFC LAXMESHWAR SITTING AT SHIRAHATTI, IN THE INTEREST OF JUSTICE AND EQUITY. THIS 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:8609 CP No. 100008 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.G.S. KAMAL) 1. This petition is filed by the petitioner-wife seeking transfer of proceedings in M.C.No.77/2024 on the file of the Senior Civil Judge, Hanagal to Senior Civil Judge and JMFC, Laxmeshwar sitting at Shirahatti, which was instituted by the respondent–husband for dissolution of marriage. 2. It is contended that due the marital discord the petitioner–wife is residing separately with her parents at Hebbal village. She has also initiated the proceedings in Crl. Misc. No. 253/2024 seeking the relief of maintenance against the respondent-husband, which is also pending consideration on the file the Senior Civil Judge and JMFC, Laxmeshwar sitting at Shirahatti. The distance between Hanagal and Shirahatti is about 120 kilometres and she has no financial support and she has to depend upon her old age parents, which would cause her inconvenience in participating and prosecuting the matter in M.C. No.77/2024, filed by the respondent - husband. Hence - 3 - HC-KAR NC: 2025:KHC-D:8609 CP No. 100008 of 2025 seeks for order to withdraw and transfer the proceedings in M.C. No.77/2024 pending on the file of the Senior Civil Judge, Hanagal to be placed before the Senior Civil Judge and JMFC, Laxmeshwar sitting at Shirahatti. 3. Though notice of this petition is served on the respondent – husband and there is no representation. Hence, service has been held sufficient. 4. Accepting the aforesaid reasons, and in the light of provision of section 19(ii) of the Hindu Marriage Act 1955, the petition is allowed. Proceeding in M.C. No.77/2024 pending on the file of the Senior Civil Judge, Hanagal be withdrawn and transferred to the Senior Civil Judge and JMFC, Laxmeshwar sitting at Shirahatti. Sd/- (M.G.S. KAMAL) JUDGE VB & VNP / CT-ASC List No.: 1 Sl No.: 8