- 1 - HC-KAR NC: 2025:KHC-D:9138 CP No. 100064 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 24TH DAY OF JULY 2025 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL CIVIL PETITION NO.100064 OF 2025 BETWEEN: PAVITRA W/O. IRANNA GANTIMATH, AGE: 24 YEARS, OCC: HOUSEHOLD WORK, R/O: NEAR ITI COLLEGE, MUNDARGI ROAD, NEAR NEW LIC OFFICE, GADAG, NOW RESIDING AT C/O MANTAYYA S/O. BASAYYA MATHAD HUKKERI ONI, BYAHATTI, TQ: HUBBALLI, DIST: DHARWAD – 580 023. …PETITIONER (BY SRI. U. G. KATTIMANI, ADVOCATE) AND: IRANNA S/O. RUDRAYYA GANTIMATH, AGE: 27 YEARS, OCC: COOLIE, R/O: NEAR ITI COLLEGE, MUNDARGI ROAD, NEW LIC OFFICE, GADAG, TQ & DIST: GADAG – 580 023. …RESPONDENT (BY SRI. G.S.HIREMATH & SRI. C.S.RACHAYYANAVAR, ADVOCATES) THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CPC, PRAYING TO WITHDRAW M.C.NO.205/2024 PENDING ON THE FILE OF LEARNED PRINCIPAL JUDGE FAMILY COURT GADAG AND TRANSFER THE SAME TO THE 1ST ADDL. PRL. JUDGE FAMILY COURT HUBBALLI FOR TRIAL IN THE INTEREST OF JUSTICE AND EQUITY. 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:9138 CP No. 100064 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.G.S. KAMAL) 1. This petition is by the wife seeking transfer of proceedings in M.C.No.205/2024 pending consideration on the file of Principal Judge Family Court, Gadag filed by the respondent-husband under Section 13 (1)(IA) of the Hindu Marriage Act. 2. Marriage between the petitioner and respondent having taken place on 28.04.2022, at Gadag is not in dispute. It is submitted that the distance between Gadag where the present proceedings is pending consideration and Hubballi is about more than 70 kilometers and the petitioner would be put to hardship to travel all the way from Hubballi to Gadag to contest the proceedings effectively. 3. It is also submitted that the petitioner – wife has also initiated proceedings before the I Addl. Prl.Judge Family Court, Hubballi seeking maintenance in Crl.Misc.No.162/2023, which is pending consideration. - 3 - HC-KAR NC: 2025:KHC-D:9138 CP No. 100064 of 2025 4. Counsel for the respondent vehemently opposes the request made by the petitioner and submits that Gadag being the last place of residence of the petitioner and respondent, the said court would get jurisdiction. 5. The marriage of the petitioner and respondent being solemnized at Gadag is not in dispute. The petitioner is admittedly residing at Hubballi. Even in terms of Section 19(ii) of Hindu Marriage Act, the petition is required to be filed where the respondent resides. Further, admittedly the distance between Hubballi and Gadag is 70 kilometers. This Court is of the considered view that petitioner has made out a case of allowing of the petition. 6. For the aforesaid reasons, the petition is allowed. Proceedings in M.C.No.205/2024 pending on the file of the Principal Judge, Family Court, Gadag be withdrawn and transferred to the I Additional Principal Judge and Family Court at Hubballi forthwith. - 4 - HC-KAR NC: 2025:KHC-D:9138 CP No. 100064 of 2025 7. Since the parties are represented through their counsels, they shall appear before the I Additional Principal Judge and Family Court at Hubballi on 28.08.2025 without any further notice. Sd/- (M.G.S. KAMAL) JUDGE RHR/CT-ASC List No.: 1 Sl No.: 10