- 1 - HC-KAR NC: 2025:KHC-D:12145 CP No. 100151 of 2025 IN THE HIGH COURT OF KARNATAKA AT DHARWAD DATED THIS THE 16TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CIVIL PETITION NO. 100151 OF 2025 BETWEEN: SMT. MEGHA @ NISHITHA W/O. SUPREET ANNIGERI AGE. 21 YEARS, OCC. HOUSEHOLD WORK R/O. HOSUR CIRCLE, KALADAGI, TQ. AND DIST. BAGALKOT 587204. …PETITIONER (BY SRI BALLARI BASANAGOUDA BASALINGAPPA, ADVOCATE.) AND: SRI SUPRIT S/O. TOTAPPA @ TOTESH ANNIGERI AGE. 30 YEARS, OCC. SUPER MARKETING BUSINESS R/O. SHABBIR COLONY, SHIRAHATTI, TQ. SHIRAHATTI, DIST. GADAG 582120. …RESPONDENT (BY SRI MAHESH WODEYAR, ADVOCATE.) THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF THE CIVIL PROCEDURE CODE, 1908, PRAYING TO PASS ORDERS TRANSFERRING THE M.C.NO.36/2025 FILED BY THE RESPONDENT UNDER SECTION 9 OF HINDU MARRIAGE ACT 1955 SEEKING FOR RESTITUTION OF CONJUGAL RIGHTS, PENDING ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, LAXMESHWAR TO THE PRINCIPAL JUDGE, FAMILY COURT, BAGALKOT IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.,. Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.09.20 10:34:00 +0530 - 2 - HC-KAR NC: 2025:KHC-D:12145 CP No. 100151 of 2025 THIS PETITION COMING ON FOR FINAL HEARING THIS DAY, ORDER IS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE G BASAVARAJA) Heard the arguments of learned counsels appearing for both the sides. 2. This petition is filed by the petitioner under section 24 of the Code of Civil Procedure, 1908, seeking to transfer M.C.No.36/2025, pending on the file of Senior Civil Judge and JMFC, Laxmeshwar, to the Court of Principal Judge, Family Court, Bagalkote, on the following grounds. “i) It is respectfully submitted that the petitioner is residing with her parents at Kaladagi, Bagalkot District and it is inconvenient for the petitioner to travel from Kaladagi to Laxmeshwar on all date of hearing alone and therefore, it is necessary to transfer the MC No.36/2025 from Hon'ble Court at Laxmeshwar to Bagalkot. ii) It is respectfully submitted that the distance between the place of residence, presently petitioner residing with her parents at Kaladagi and the Laxmeshwar is more than 150 KM and it is very difficult for the petitioner to - 3 - HC-KAR NC: 2025:KHC-D:12145 CP No. 100151 of 2025 travel from Kaladagi to Laxmeshwar to attend the case on all date of hearing and therefore, it is necessary to transfer the MC No.36/2025 from Hon'ble Court at Laxmeshwar to Bagalkot. iii) It is respectfully submitted that the petitioner is apprehensive that since the respondent and his family and relatives stay in Laxmeshwar, there is high possibility that further embarrassment and friction with the petitioner on the date of the proceedings at Laxmeshwar will be detrimental to the interest of the petitioner. iv) It is respectfully submitted that it is expedient for the ends of justice and for the sake of convenience of the petitioner, necessary to transfer the above petition from the Hon'ble Court at Laxmeshwar to Hon'ble Family Court at Bagalkot.” 3. To substantiate her contentions, along with this petition the petitioner has produced copy of the petition filed by her husband in Laxmeshwar Court, under Section 9 of the Hindu Marriage Act, for restitution of conjugal rights in M.C.No.36/2025 and the certified copy of the order sheet pertaining to the said case and also the copy of the petition filed by the petitioner under section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in Crl.Misc.No.80/2025 - 4 - HC-KAR NC: 2025:KHC-D:12145 CP No. 100151 of 2025 before the Bagalkote Court and also the certified copy of the order sheet in the said case are produced. 4. Learned counsel for respondent would submit that the respondent has filed a petition for restitution of conjugal rights under section 9 of the Hindu Marriage Act, 1955. The respondent is always ready to take back the present petitioner and also ready to pay maintenance amount. The respondent has paid the interim maintenance amount as per the order passed by the trial Court. Hence absolutely there are no grounds to transfer this case as sought for and hence, sought for dismissal of this petition. 5. I have examined the materials placed before the Court. The Principal Judge, Family Court, Bagalkote, has passed an order in Crl.Misc.No.80/2025 on 04.07.2025, an exparte order on I.A.No.2 ordering for interim maintenance of Rs.5,000/- per month from the date of filing of petition. The respondent has filed M.C.No.36/2025 under section 9 of - 5 - HC-KAR NC: 2025:KHC-D:12145 CP No. 100151 of 2025 the Hindu Marriage Act for restitution of conjugal rights on 03.06.2025. 6. The respondent has not placed any material to show that he has complied the order of the Principal Judge, Family Court, Bagalkote. Considering the grounds urged and also the keeping in mind the decision of the Hon’ble Supreme Court in the case of N.C.V.Aishwarya vs. A.S.Saravana Karthik Sha, Civil Appeal No(S).4894/2022 (arising out of S.L.P.(C) No.(S). 16465/2021), dated 18.07.2022, I am of the opinion that it is just and proper to allow this petition. Accordingly accepting 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.36/2025 pending on the file of Senior Civil Judge and JMFC, Laxmeshwar, is withdrawn and transferred to the Court of - 6 - HC-KAR NC: 2025:KHC-D:12145 CP No. 100151 of 2025 Principal Judge, Family Court, Bagalkote, for disposal in accordance with law. iii) Registry is directed 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.: 42