- 1 - NC: 2025:KHC-D:52 CP No. 100163 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 6TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH CIVIL PETITION NO. 100163 OF 2023 (-) BETWEEN: SMT. MEENAKSHI A. D/O. ASHOKAN K.G. W/O. HARISH KUMAR S/O PALANI E., AGE. 31 YEARS, OCC. HOUSEHOLD, R/AT. H.NO.10, KRUPA NAGAR, 3RD CROSS, MANTUR ROAD, HUBBALLI-580020 …PETITIONER (BY SRI. GOURISHANKAR H. MOT, ADVOCATE) AND: SHRI. HARISH KUMAR.P S/O. PALANI E., AGE. 36 YEARS, OCC. JOB IN I.T.COMPANY, R/AT. NO.85, 1ST CROSS, WATER TANK ROAD, YADHALAM NAGARA BANGALORE SOUTH, BENGALURU-560091. …RESPONDENT THIS CIVIL PETITION FILED U/SEC.24 OF CPC, PRAYING TO TRANSFER THE MISC.NO.34/2023 AS PENDING ON THE FILE OF HON’BLE IV ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, AT BANGALORE TO THE HON’BLE PRINCIPAL JUDGE FAMILY COURT, AT HUBBALLI AND DIRECT TO DISPOSE OF THE CASE ON MERITS IN ACCORDANCE WITH LAW, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING: Digitally signed by MANJANNA E Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:52 CP No. 100163 of 2023 CORAM: THE HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER This petition is filed under Section 24 of the Code of Civil Procedure, 1908 (for short “CPC”) seeking transfer of Miscellaneous No.34/2023 pending consideration before the IV Additional Principal Judge, Family Court, Bengaluru to the competent Family Court at Hubballi. 2. Heard the learned counsel appearing for the petitioner. The respondent is served but remained absent. 3. Perusal of the averments made in the petition would indicate that the respondent herein has filed M.C.No.2970/2019 on the file of the IV Additional Principal Judge, Family Court, Bengaluru (Annexure-A), which came to be dismissed for non-prosecution. Thereafter, the respondent herein has filed Miscellaneous No.34/2023 before the Family Court, at Bengaluru, which is pending consideration before the Competent Court. It is also to be noted that the petitioner has filed a Crl.Misc.No.23/2020 before the Family Court at Hubballi under Section 125 of the Code of Criminal Procedure, 1973 (for short “Cr.P.C”) and same is pending consideration before the competent Family Court at Hubballi. In that view of the matter, - 3 - NC: 2025:KHC-D:52 CP No. 100163 of 2023 as the distance between Bengaluru and Hubballi is more than 400 km, it is difficult for the petitioner herein to attend the hearings at Bengaluru regularly. In that view of the matter, I find force in the submission of the learned counsel appearing for the petitioner and accordingly the petition is allowed. 4. Miscellaneous No.34/2023 (Annexure-C) pending consideration before the IV-Additional Principal Judge, Family Court, Bengalulru is hereby withdrawn and transferred to the Court of Principal Judge, Family Court, Hubballi for final consideration forthwith. Sd/- (E.S.INDIRESH) YAN List No.: 2 Sl No.: 11