- 1 - NC: 2025:KHC-D:2956 CP No. 100161 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 13TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH CIVIL PETITION NO. 100161 OF 2024 (-) BETWEEN: SMT. GEETHA W/O. VENKATESH, AGE: 34 YEARS, OCC: HOUSEHOLD, R/O. WADDARHATTI, TQ: GANGAVATHI, NOW RESIDING AT NANDI LAYOUT, NEAR ART GALLERY, TQ AND DIST HAVERI. …PETITIONER (BY SRI. VIDYASHANKAR G. DALWAI, ADVOCATE) AND: SHRI. VENKATESH S/O. VITTHAL, AGE: 41 YEARS, OCC: ASSISTANT TEACHER, GOVERNMENT HIGHER PRIMARY SCHOOL, R/O. WADDARHATTI CAMP, TQ: GANGAVATHI, DIST: KOPPAL 583235. …RESPONDENT (SERVED UNREPRESENTED) ----- THIS CIVIL PETITION IS FILED U/SEC.24 OF CPC, 1908, PRAYING TO WITHDRAW AND TRANSFER OF MC NO.34/2024 WHICH IS PENDING ON THE FILE OF THE SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, GANGAVATHI, KOPPAL TO THE COURT OF THE PRINCIPAL JUDGE, FAMILY COURT, HAVERI, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: THE HON'BLE MR. JUSTICE E.S.INDIRESH V N BADIGER Digitally signed by V N BADIGER Location: High Court of Karnataka, Dharwad Bench Date: 2025.02.17 11:45:22 +0530 - 2 - NC: 2025:KHC-D:2956 CP No. 100161 of 2024 ORAL ORDER This petition is filed by the petitioner under Section 24 of the Code of Civil Procedure, 1908 (for short “CPC”) seeking transfer of M.C.No.34/2024 on the file of the Senior Civil Judge and JMFC, Gangavathi, Koppal District to the Principal Judge, Family Court, Haveri. 2. Heard the learned counsel appearing for the petitioner. The respondent is served but has remained absent. 3. It is the case of the petitioner that M.C.No.34/2024 is filed by the respondent-husband before the Senior Civil Judge and JMFC, Gangavathi seeking restitution of conjugal rights. It is also argued by the learned counsel appearing for the petitioner that the petitioner herein is residing separately from the respondent-husband and is taking care of her two minor children aged 11 years and 7 years, respectively. 4. In that view of the matter taking into account the hardship that may be caused to the petitioner, I find force in the submissions made by the learned counsel appearing for the petitioner herein. Accordingly, the petition stands allowed and M.C.No.34/2024 pending on the file of the Senior Civil Judge - 3 - NC: 2025:KHC-D:2956 CP No. 100161 of 2024 and JMFC, Gangavathi, Koppal District is withdrawn and transferred to the Principal Judge, Family Court, Haveri, forthwith. 5. In view of disposal of the petition, pending interlocutory applications, if any, do not survive for consideration and are disposed of accordingly. Sd/- (E.S.INDIRESH) JUDGE YAN List No.: 2 Sl No.: 7