- 1 - HC-KAR NC: 2025:KHC-D:10219 CP No. 100130 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 13TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CIVIL PETITION NO. 100130 OF 2025 BETWEEN: SMT. RAJESHWARI W/O. CHETAN PATIL AGE. 30 YEARS, OCC. PRIVATE JOB, R/O. BEVOOR, TQ. BAGALKOT, DIST. BAGALKOT-587115. …PETITIONER (BY SRI. PRAKASH S. GUDIHINDIN, ADVOCATE) AND: CHETAN RUDRAGOUDA PATIL AGE. 34 YEARS, OCC. SOFTWARE ENGINEER, R/O. SHRINAGAR, COLONY, BEHIND NCC OFFICE, VIJAYA COLLEGE ROAD, BIJAPUR/VIJAYAPURA, DIST. VIJAYAPURA 586103. …RESPONDENT (BY SRI. S.C. BHEEMARADDI, ADVOCATE) THIS CIVIL PETITION FILED U/SEC.24 OF CPC, PRAYING TO WITHDRAW AND TRANSFER THE M.C. NO.7/2025 PENDING ON THE FILE OF PRINCIPAL JUDGE FAMILY COURT, VIJAYAPURA TO THE COURT OF PRINCIPAL JUDGE FAMILY COURT, BAGALKOT, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ARGUMETNS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.08.18 10:37:06 +0530 - 2 - HC-KAR NC: 2025:KHC-D:10219 CP No. 100130 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE G BASAVARAJA) This Civil Petition filed under Section 24 of Code of Civil Procedure is preferred by the respondent-wife in MC No.7 of 2025 on the file of Principal Family Judge at Vijayapura, seeking to transfer the case to the Court of Principal Family Judge at Bagalkot. 2. Heard the arguments on both sides. 3. Sri Prakash S Gudihindin, learned Counsel appearing for the petitioner-wife submits that the husband of the petitioner filed MC No.7 of 2005 before Principal Judge, Family Court, Vijayapura, seeking dissolution of marriage. He would submit that the petitioner-wife is working as Co-ordinate Officer in Zilla Panchayat at Bagalkot. Further petitioner is also having a child aged 5 years and it would be difficult for her to travel to Vijayapura along with child on every date of hearing. Accordingly, it is sought for transfer of MC No.7 of 2025 on the file of Principal Judge, Family Court, Vijayapura to the Court of Principal Family Judge, Bagalkot. - 3 - HC-KAR NC: 2025:KHC-D:10219 CP No. 100130 of 2025 4. As against this, Sri S.C. Bheemaraddi, learned Counsel appearing for the respondent-husband would submit that prior to filing MC No.81 of 2025 by the petitioner-wife before the Principal Judge, Family Court at Bagalkot seeking restitution of conjugal rights, the respondent-husband has filed divorce petition before the Principal Judge, Family Court, Vijayapura in MC No.7 of 2000 2025. He submits that the respondent- husband is working as Software Engineer at Bangalore. Respondent is having aged parents and he cannot travel from Bengaluru to Bagalkot on every date of hearing. The learned Counsel would further submit that Vijayapura comes under the jurisdiction of Kalaburagi Bench of High Court of Karnataka, and Bagalkot comes under the jurisdiction of Dharwad Bench of High Court of Karnataka; and if an order is passed by the Principal Judge, Family Court Bagalkot, the respondent counsel has to travel from Vijayapura to Dharwad. On all these grounds, he sought for dismissal of the petition. 5. It is not in dispute that the petitioner-wife has filed Petition under Section 9 of Hindu Marriage Act, seeking restitution of conjugal rights against the respondent in MC No. - 4 - HC-KAR NC: 2025:KHC-D:10219 CP No. 100130 of 2025 81 of 2025 before the Principal Judge, Family Court at Bagalkot. The address in the cause-title given by the petitioner-wife is not disputed by the other side. Admittedly, the respondent-husband is working as a Software Engineer and residing at Shrinagar colony, Behind NCC Office, Vijaya College Road, Vijayapura. The distance between Bangalore and Bagalkot is less when compared to the distance between Bangalore and Vijayapura. The petitioner has also stated that she had a child aged five years which does not permit her to travel with the minor child the distance of about 85 kms on every date of hearing. Considering the status of the parties and keeping in mind the interest of the minor child, it is just proper to allow the petition. 6. The apprehension expressed of the learned Counsel for the respondent that the Vijayapura comes under the jurisdiction of Gulbarga Bench whereas Bagalkot comes and jurisdiction of Dharwad Bench of High Court of Karnataka is concerned, the same can be overcome by the Advocate appearing for respondent-husband can attend the proceedings - 5 - HC-KAR NC: 2025:KHC-D:10219 CP No. 100130 of 2025 through video conferencing. Therefore, this argument cannot be accepted. 7. In the result, I proceed to pass the following: O R D E R i) Petition is allowed; ii) MC No.7 of 2005 on the file of Principal Family Judge at Vijayapura is withdrawn and transferred to the Court of Principal Judge, Family Court at Bagalkot for disposal in accordance with law; iii) Register to send the copy of this order to both the courts for taking necessary action. Sd/- (G BASAVARAJA) JUDGE lnn Ct-cmu LIST NO.: 1 SL NO.: 66