- 1 - HC-KAR NC: 2025:KHC-D:9177 CP No. 100027 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 25TH DAY OF JULY 2025 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL CIVIL PETITION NO.100027 OF 2025 BETWEEN: MRS. ASHABI NADAF W/O. RAJE SAB, AGED: 34 YEARS, OCC: HOUSEHOLD, R/O: NUTAN NAGAR, SABBIGARE JEDDI, NEAR VETERINARY HOSPITAL, TQ: YELLAPUR, DIST: UTTARA KANNADA - 581 359. …PETITIONER (BY SRI. VISHWANATH HEGDE, ADVOCATE) AND: MR. RAJE SAB S/O. NOOR SAB, AGED ABOUT 39 YEARS, OCC: NOT KNOWN, R/O: NO.2, 6TH CROSS, MUKAMBIKANAGARA HOSAKEREHALLI, BSK 3RD STAGE, BENGALURU – 560 085, ALSO AT NO.33, SAPTAGIRI NILAYA, 2ND MAIN ROAD, DATTATREYA TEMPLE ROAD, BSK 3RD STAGE, HOSAKERIHALLI, BENGALURU – 560 085. …RESPONDENT (BY SRI. ANNESAHEB SHALAGAR ALINDA KHANUM M. KHAN, ADVOCATE) THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CIVIL PROCEDURE CODE PRAYING TO TRANSFER THE PETITION AT G AND WC NO.289/2024 ON THE FILE OF VI ADDL. PRL.JUDGE FAMILY COURT BENGALURU TO PRL. SENIOR CIVIL JUDGE YELLAPUR AND ETC., 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:9177 CP No. 100027 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.G.S. KAMAL) 1. The present petition is by the wife seeking transfer of proceedings in G & WC No.289/2024 initiated by the respondent-husband pending consideration on the file of the Principal Judge Family Court, Bengaluru. 2. Marriage between the petitioner and respondent having taken place on 24.01.2021, is not in dispute. It appears due to the marital discord, the respondent has initiated the aforesaid proceedings. 3. It is submitted that the distance between Bengaluru where the present proceedings is pending consideration and Yellapur is about more than 430 kilometers and the petitioner would be put to hardship to travel all the way from Yellapur to Bengaluru to contest the proceedings effectively. 4. The above G & WC No.289/2024 is filed by the respondent-husband father of the minor child under Sections 7, 8, 9 and 25 of the Guardians and Wards Act, - 3 - HC-KAR NC: 2025:KHC-D:9177 CP No. 100027 of 2025 1890. Provisions of the said Act mandates that, any petition concerning custody or guardianship of the minor children shall be filed before the Court within whose jurisdiction the minor children are residing. 5. Perusal of the petition filed by the respondent- husband-father, would indicate that the minor child by name Saniya aged about 2 years 2 months is residing at Yellapur even at the time of filing of the petition. In that view of the matter, in the light of the aforesaid provisions of law, the petition could not have been filed before the Court at Bengaluru. Petitioner who is the mother of the minor child is residing at Yellapur. As rightly contended by the learned counsel for the petitioner would find it difficult to prosecute the matter at Bengaluru. This Court is of the considered view that the petitioner has made out a case of allowing of the petition. 6. For the aforesaid reasons, the petition is allowed directing to present the matter in G & WC No.289/2024 pending on the file of Principal Judge Family - 4 - HC-KAR NC: 2025:KHC-D:9177 CP No. 100027 of 2025 Court, Bengaluru be transferred to the Principal Senior Civil Judge, Yellapur. 7. Since the parties are represented through their counsels, they shall appear before the Family Court on 21.08.2025 without any further notice. 8. The Family Court shall also endeavor to refer to parties for mediation to explore the possibility of amicable settlement between the parties. Sd/- (M.G.S. KAMAL) JUDGE SMM/CT-ASC List No.: 1 Sl No.: 3