- 1 - HC-KAR NC: 2025:KHC-D:8651 CP No. 100110 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.100110 OF 2025 BETWEEN: SMT. P. RANJITHA W/O. JANARADHANA REDDY, AGE: 25 YEARS, OCC: HOUSEHOLD WORK, R/O: WARD NO.1, H.NO. 58, PRAKRUTHI LAYOUT, TALUR ROAD BALLARI – 583 101. …PETITIONER (BY SRI. SRINAND A. PACHAPURE, ADVOCATE) AND: SRI. P. JANARADHANA REDDY S/O. LATE DEVENDRAPPA REDDY, AGE: 36 YEARS, OCC: FDA IN CAR HEAD QUARTERS, MYSORE ROAD, BENGALURU, R/O: NO. 62, 1ST MAIN 3RD CROSS, OKALIPURA, BENGALURU – 560 021. …RESPONDENT (BY SMT. BHARATHI G. BHAT, ADVOCATE) THIS CIVIL PETITION IS FILED UNDER SECTION 24(1) OF CODE OF CIVIL PROCEDURE PRAYING TO PASS AN ORDER WITHDRAWING THE M.C.NO.1036/2025 PENDING OF THE FILE OF PRINCIPAL JUDGE, FAMILY COURT, BENGALURU AND TRANSFER THE SAME TO THE COURT OF PRINCIPAL JUDGE AND FAMILY COURT, BALLARI FOR FURTHER ADJUDICATION OF THE MATTER TO MEET THE ENDS 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:8651 CP No. 100110 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.G.S. KAMAL) 1. The petition is by the wife seeking withdrawal and transfer of proceedings in M.C.No.1036/2025 filed by the respondent - husband seeking dissolution of their marriage pending before the Principal Judge, Family Court, Bengaluru to the Court of Principal Judge, Family Court, Ballari. 2. Counsel for the petitioner submits that the petitioner - wife has also initiated proceedings under Section 9 of the Hindu Marriage Act in M.C.No.97/2025 before the Family Court, Ballari and she is residing with her parents at Ballari completely depending upon them. The distance between Ballari and Bengaluru is about 312 kilometers. Hence, he submits that great prejudice would be caused to the petitioner to prosecute the matter at Bengaluru. Hence, seeks for allowing the petition. 3. Learned counsel for the respondent submits that the transfer is sought by the petitioner on three - 3 - HC-KAR NC: 2025:KHC-D:8651 CP No. 100110 of 2025 grounds; i)the distance, ii)the financial constraints and iii)threat to her life. She submits that none of the grounds would justify transfer of the petition filed by the respondent-husband in MC No.1036/2025 seeking dissolution of marriage pending consideration before the Principal Judge, Family Court, Bengaluru, to the Court of the Principal Judge, Family Court, Bellari. 4. She further submits that when the petitioner herself has filed a petition in MC No.97/2025 seeking restitution of conjugal rights, the question of she perceiving any threat would not arise and the same runs contrary to the case. That the respondent-husband is working as a Police Constable and it will be not possible for him to pursue and prosecute the matter by travelling all the way from Bengaluru to Bellari applying leave. That the respondent-husband is willing to bear the expenses as and when the petitioner wife is required to travel to Bangaluru. 5. She further submits that the conduct of the party shall also have to be looked in while considering the - 4 - HC-KAR NC: 2025:KHC-D:8651 CP No. 100110 of 2025 application for transfer. In that, she submits that the petitioner-wife herself has initiated the criminal proceedings against the respondent-husband and his family members for the offences punishable under Sections 85, 115(2), 352, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. Hence, she submits that the respondent-husband and the family members have obtained bail from the Principal Sessions Judge, Ballari and this conduct of the petitioner disentitled her from seeking transfer. 6. Per contra, learned counsel for the petitioner submits that since the petitioner has already admittedly initiated the aforesaid proceedings namely restitution of conjugal rights in MC No.97/2025 and since the petitioner- wife has also initiated the criminal proceedings against the respondent-husband, which are being prosecuted by the respondent-husband in Ballari, no hardship will be caused to him in attending and prosecuting the said matters. 7. Submission is taken on record. - 5 - HC-KAR NC: 2025:KHC-D:8651 CP No. 100110 of 2025 8. The facts narrated above would indicate that the petitioner-wife has initiated the proceedings under Section 9 of the Hindu Marriage Act in MC No.97/2025 and she has also initiated the criminal proceedings in Crime No.27/2025 for the offences punishable under Sections 85, 115(2), 352, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. Admittedly, respondent-husband and his family members have applied and have been granted bail by the Principal District and Sessions Judge, Bellari. 9. Section 19(ii) of the Hindu Marriage Act, contemplate filing of the petition where the respondent is residing. 10. In the instant case, in addition to the proceedings which are initiated by the wife in MC No.97/2025 and the petitioner - wife has initiated proceedings in criminal case in Crime No.27/2025, which being contested by the respondent – husband before the Court at Bellari. Further, as noted even in terms of Section 19(ii) of the Hindu Marriage Act, the respondent-husband - 6 - HC-KAR NC: 2025:KHC-D:8651 CP No. 100110 of 2025 was expected to initiate the proceedings at the place where the respondent is residing. Though an offer is made by the respondent-husband to bear the Travel expenses, that would not meet the requirement for the purpose of conducting and defending the matter. 11. The other apprehension of the respondent- husband of he being a government employee not being able to avail the leave is hardly a ground to reject the petition, inasmuch as, his presence may not be required at every hearing date, he may be required to attend only for the purpose of leading his evidence. In that view of the matter and considering comparable hardship which the petitioner – wife would be put to in the event of she being compelled to attend and prosecute the matter at Bengaluru, grounds of objections urged are declined. 12. Accordingly, petition is allowed directing to present the matter in M.C.No.1036/2025 pending on the file of the Principal Judge, Family Court, Bengaluru be - 7 - HC-KAR NC: 2025:KHC-D:8651 CP No. 100110 of 2025 withdrawn and transferred to the Court of Principal Judge and Family Court Ballari. 13. Since the parties are being represented by their respective counsels, they shall appear before the Principal Judge and Family Court Ballari on 12.08.2025 without any further notice. Sd/- (M.G.S. KAMAL) JUDGE SH/smm CT-ASC List No.: 1 Sl No.: 48