- 1 - HC-KAR NC: 2025:KHC-D:9821 CP No. 100083 of 2023 IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 06TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CIVIL PETITION NO. 100083 OF 2023 BETWEEN: SMT LAXMI W/O. ARJUN PARASANNAVAR AGE. 31 YEARS, OCC. COOLIE, NOW NIL, R/O. C/O. MAHADEVAPPA S/O. BASAPPA KARANINGANAVAR, R/O.GOJANOOR, TQ. SHIRAHATTI, DIST. GADAG 582116. …PETITIONER (BY SRI GIRISH S. HULMANI, ADVOCATE.) AND: SRI ARJUN S/O. RANGANATH PARASANNAVAR AGE. 34 YEARS, OCC. FALSELY SHOWN AS COOLIE BUT WORKING AS YOGA TEACHER AT VIETNAM, R/O. KABBALAGERI, NOW AT ANAND NAGAR, BADAMI, TQ. BADAMI, DIST. BAGALKOT-587201 …RESPONDENT (SERVICE OF NOTICE HELD SUFFICIENT.) THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF THE CIVIL PROCEDURE CODE, 1908, PRAYING TO TRANSFER M.C.NO.43/2022, PENDING ON THE FILE OF SENIOR CIVIL JUDGE AND J.M.F.C., BADAMI TO FAMILY COURT AT GADAG AND PASS AN ORDER AWARDING THE COST OF LITIGATION AND ETC.,. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER IS MADE THEREIN AS UNDER: Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.08.14 12:41:44 +0530 - 2 - HC-KAR NC: 2025:KHC-D:9821 CP No. 100083 of 2023 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE G BASAVARAJA) Learned counsel for the petitioner is present. The notice issued to the respondent is returned with postal shara as ‘unclaimed’. Hence, service of notice to the respondent is held sufficient. The respondent is called out and he remained absent and unrepresented. 2. Heard the learned counsel for petitioner. 3. This petition is filed by the petitioner under section 24 of the Code of Civil Procedure, 1908, seeking to transfer M.C.No.43/2022, pending on the file of Senior Civil Judge and JMFC, Badami, to the Court of Principal Judge, Family Court, Gadag, on the following grounds. i) It is submitted that the petitioner is young lady aged about 31 years and she is not aware of legal proceedings of the Hon'ble Court, hence the above said case may kindly be transferred. ii) It is submitted that the petitioner is not having any relative at Badami to help her to attend the court proceedings. Hence the - 3 - HC-KAR NC: 2025:KHC-D:9821 CP No. 100083 of 2023 said case may kindly be transferred to Hon'ble Family Court at Gadag. iii) It is submitted that the petitioner being an young lady has to travel a distance of more than 120 Km for more than 3½ to 4 hours to attend the Court proceedings, hence the said case may kindly be transferred to Hon'ble Family Court at Gadag. iv) It is submitted that there is no direct bus connectivity from Gojanur to Badami and the petitioner has to change 2-3 buses in order to reach Badami Court, hence the said case may kindly be transferred to Hon'ble Family Court at Gadag. v) It is submitted that the petitioner is poor unemployed lady and she is not having any source of earnings, as such she is depending on her parents who are very poor, as such it is very much difficult for her to meet out the expenses incurred in travelling and litigation, hence the said case may kindly be transferred to Hon'ble Family Court at Gadag. vi) It is submitted that on receipt of notice of petition filed by respondent husband, petitioner's parents are severely shocked and due to the same the petitioner's mother is bed ridden and there is no other person to lookafter the family, hence the said case may kindly be transferred to Hon'ble Family Court at Gadag. vii) It is submitted that respondent/ husband is working as Yoga Teacher at abroad and will be on frequent abroad tours as per the clients' requirements and he is gainfully - 4 - HC-KAR NC: 2025:KHC-D:9821 CP No. 100083 of 2023 employed even then by showing false address has filed the divorce case before the Badami Court, hence the same may kindly be transferred to Hon'ble Family Court at Gadag. viii) It is submitted that respondent husband is gainfully employed and he is having sufficient income as such in the event of transferring the said case, no loss or hardship will be caused to the respondent and in the alternative if the same is denied, then the petitioner/wife will be put to great hardship and agony. Hence the said case may kindly be transferred to Hon'ble Family Court at Gadag. ix) It is submitted that respondent husband is having handsome earnings as such it will not be difficult for him to attend the Court proceedings at Gadag. Hence the said case may kindly be transferred to Hon'ble Family Court at Gadag. 4. To substantiate her contentions, the petitioner has produced copy of the petition filed by her husband in Badami Court, under Section 13(1a) and (1b) of the Hindu Marriage Act, for dissolution of marriage in M.C.No.43/2022 and also the order sheet thereof. 5. The respondent is remained absent and unrepresented. There are no materials to discard the grounds urged by the petitioner in the petition. Accepting - 5 - HC-KAR NC: 2025:KHC-D:9821 CP No. 100083 of 2023 the reasons assigned in the petition, I proceed to pass the following: ORDER i) The petition filed under section 24 of CPC is allowed. ii) M.C.No.43/2022 pending on the file of Senior Civil Judge and JMFC, Badami, shall be transferred to the Court of Principal Judge, Family Court, Gadag, for disposal in accordance with law. iii) Registry to send a copy of this order to the respondent/husband through RPAD. iv) Registry to send a copy of this order to both the Courts for taking necessary action. Sd/- (G BASAVARAJA) JUDGE MRK CT: CMU. LIST NO.: 1 SL NO.: 6