- 1 - HC-KAR NC: 2025:KHC-D:9475 CP No. 100095 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 31ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CIVIL PETITION NO.100095 OF 2025 BETWEEN: SMT. DEEPA W/O. BASAVRAJ MELLIGERI AGE. 35 YEARS, OCC. HOUSEWIFE, R/O. BENAKATTI, TQ.DIST. BAGALKOT …PETITIONER (BY SRI. PRANAV UMESH BADAGI ADVOCATE FOR SRI. S.B. HEBBALLI, ADVOCATE) AND: SRI. BASAVARAJ S/O. ARJUN MELLIGERI AGE. 39 YEARS, OCC. AGRICULTURE, R/O. MARKATTI, TQ. MUDHOL, TQ.DIST. BAGALKOT-587313 PRESENTLY RESIDING AT TULSIGERI, TQ.DIST: BAGALKOT …RESPONDENT (NOTICE SERVED TO RESPONDENT) THIS CIVIL PETITION FILED U/SEC.24 OF CPC, PRAYING TO TRANSFER M.C.NO.62/2020 PENDING ON THE FILE OF THE ADDL. SENIOR CIVIL JUDGE AND JMFC, MUDHOL TO THE COURT OF COMPETENT COURT VIZ. PRL. JUDGE FAMILY COURT, BAGALKOT IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.08.06 11:05:44 +0530 - 2 - HC-KAR NC: 2025:KHC-D:9475 CP No. 100095 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE G BASAVARAJA) Though this matter is posted for Admission, the same is taken up for final hearing as respondent remained absent and unrepresented. 2. Heard the learned Counsel for the petitioner. This petition is filed under Section 24 of the Code of Civil Procedure seeking to transfer MC No.62 of 2020 pending on the file of Additional Senior Civil Judge and JMFC, Mudhol to Principal Judge, Family Court, Bagalkot. It is stated in the petition that the respondent has refused to maintain the petitioner. Petitioner has not been able to meet the traveling expenses from Benakatti to Mudhol to attend the case. It is stated that the petitioner, along with her minor son, are presently staying at her parental house and the parents being poor, are not able to maintain the petitioner and her son as also bear the traveling expenses of the petitioner from Benakatti to Mudhol. The petitioner being a lady, finds it difficult to attend the Court on every date and it has become difficult for her to travel such a long distance alone as there is nobody to escort her. On all these grounds it is sought to allow the petition by transferring - 3 - HC-KAR NC: 2025:KHC-D:9475 CP No. 100095 of 2025 the case pending on the file of Additional Senior Civil Judge and JMFC, Mudhol to Principal Judge, Family Court, Bagalkot. The petitioner has also produced the copy of the petition filed by the respondent under section 13(1)(2)(3) of Hindu marriage Act, 1955. 3. It also stated by the learned Counsel appearing for the petitioner that the learned Senior Civil Judge has allowed MC No.62 of 2020 and being aggrieved by that order, the petitioner has preferred MFA No.101398 of 2024 before the Division Bench of this Court and this Division Bench of this Court, upon hearing both sides, allowed the appeal by judgment dated 15th April 2025 and remanded the matter to the trial Court, fixing the date of appearance on 03rd June, 2025. Copy of the order sheet is also produced. It is submitted that the case is posted to file objections. 4. Respondent though served, remained unrepresented. 5. There are no grounds to discard the grounds urged by the petitioner in this petition. Considering the grounds urged, it is just and proper to allow the petition. In the result, I proceed to pass the following: - 4 - HC-KAR NC: 2025:KHC-D:9475 CP No. 100095 of 2025 O R D E R i) Petition is allowed; ii) Order dated 04th August, 2021 passed in MC No.62 of 2020 by the Additional Senior Civil Judge & JMFC, Mudhol is set aside; iii) MC No.62 of 2020 on the file of shall be withdrawn from the Court of Additional Senior Civil Judge & JMFC, Mudhol, and be transferred to the Court of Principal Judge, Family Court at Bagalkot, for disposal in accordance with law; iii) Registry is directed to send the copy of this order to the respondent by registered post; iv) Office is also directed to send a copy of this order to both the courts for necessary action. Sd/- (G BASAVARAJA) JUDGE lnn CT-CMU LIST NO.: 1 SL NO.: 57