- 1 - HC-KAR NC: 2025:KHC-D:8929 CP No. 100122 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 18TH DAY OF JULY 2025 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL CIVIL PETITION NO.100122 OF 2025 BETWEEN: SMT. RATNAVVA @ VAISHNAVI W/O. BASAVARAJA, AGE: 40 YEARS, OCC: HOUSEHOLD, R/O: JALIHAL VILLAGE, TQ: BADAMI DIST. BAGALKOT – 587 201. …PETITIONER (BY SRI. V. P. VADAVI, ADVOCATE) AND: B. BASAVARAJA S/O. KOTTURU VENKATESHAPPA, AGE: 43 YEARS, OCC: GOVT. JOB, R/O: WARD NO.13, JANDAR ONI, INDIRA NAGAR, BEHIND MOUNESHWARI GUDI, KURUGODU VILLAGE, TQ & DIST: BALLARI – 583 116. …RESPONDENT (BY SRI. Y. KOTRESHA, ADVOCATE) THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CPC, PRAYING TO WITHDRAW/TRANSFER M.C.NO.117/2025 PENDING ON THE FILE OF PRINCIPAL JUDGE, FAMILY COURT, BALLARI AND TRANSFER THE SAME TO THE COURT OF THE PRINCIPAL JUDGE, FAMILY COURT, BAGALKOT FOR TRAIL, IN THE INTEREST OF JUSTICE AND EQUITY 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:8929 CP No. 100122 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.G.S. KAMAL) 1. This petition is by the petitioner - wife seeking transfer of proceedings in MC No.117/2025 pending on the file of Principal Judge, Family Court, Ballari initiated by the respondent - husband under Section 13(1)(ia)(ib) of the Hindu Marriage Act, 1955, to the Family Court at Badami. 2. Learned counsel for the petitioner submits that petitioner had earlier initiated the proceedings under Section 125 of the Cr.P.C. in Criminal Miscellaneous No.941/2023 on the file of Principal Civil Judge and JMFC, Badami, which was partly allowed by order dated 12.12.2024 directing the respondent herein to pay Rs.10,000/- as monthly maintenance. That aggrieved by the same, the respondent has preferred Crl.R.P. No.5/2025, which is pending consideration before the Principal District and Sessions Judge, Bagalkot. 3. He further submits that despite he having participated in the aforesaid proceedings, he has chosen to - 3 - HC-KAR NC: 2025:KHC-D:8929 CP No. 100122 of 2025 file the present petition for divorce before the Family Court at Ballari, which is situated about 145 kilometers away from Badami where the petitioner is residing. 4. He submits that there is a child out of the wedlock of the petitioner and the respondent, who is still minor and in the custody of the petitioner. Petitioner as well as the minor child are residing with the parents of the petitioner and are completely dependent on them. As such, he submits it would be inconvenient and hardship for them to travel all the way to Ballari to prosecute the matter. Hence, seeks for allowing of the petition. 5. Heard. Perused the records. 6. The marriage between the parties is not in dispute. Proceedings initiated by the petitioner under Section 125 Cr.P.C. having been participated/contested by the respondent is also not in dispute. However, the respondent has chosen to initiate the proceedings for divorce at Ballari, even while the petitioner wife who resides at Badami had initiated the proceeding at Badami. - 4 - HC-KAR NC: 2025:KHC-D:8929 CP No. 100122 of 2025 7. Even in terms of Section 19(ii) of Hindu Marriage Act the petition for divorce is required to be filed where the respondent/petitioner herein is residing. 8. In that view of the matter, petition is allowed directing to present the matter in MC No.117/2025 pending on the file of Principal Judge, Family Court, Ballari be withdrawn and transferred to the Family Court, Badami. 9. Since the parties are represented through their counsels, they shall appear before the Family Court, Badami on 18.08.2025 without any further notice. Sd/- (M.G.S. KAMAL) JUDGE SH/CT-ASC List No.: 1 Sl No.: 20