- 1 - NC: 2025:KHC-D:1722 CP No. 100217 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 23RD DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH CIVIL PETITION NO. 100217 OF 2024 (-) BETWEEN: SMT. NANDINI W/O. PRADEEP HANCHINAMANI, BEFORE MARRIAGE NANDINI D/O. KASHEPPA JAVOOR, AGE. 31 YEARS, OCC. HOUSEHOLD WORK, R/O. C/O. KASUREMMMA KASHEPPA JAVOOR, LAB ATTENDER, FORENSIC SCIENTIFIC LABORATORY MADIWAL, BANGALORE RURAL, BANGALORE-560068. …PETITIONER (BY SRI. G. N. BADIGER AND SRI. SANTOSH D. NARGUND ADVOCATES) AND: SRI. PRADEEP S/O. ASHOK HANCHINAMANI, AGE. 34 YEARS, OCC. GOVT. SERVICE, R/O. PLOT NO.97M CHIKOO BAGH, SAYADRINAGAR, BELAGAVI, DIST. BELGAUM-591108. …RESPONDENT (SOLE RESPONDENT – SERAVED - UNREPRESENTED) THIS CIVIL PETITION IS FILED U/SEC.24 OF CPC, PRAYING TO PASS APPROPRIATE DIRECTION OR ORDER, ORDERING TO TRANSFER THE PROCEEDINGS IN M.C.NO.154/2024 ON THE FILE OF THE HON’BLE I ADDITIONAL, FAMILY COURT, AT BELGAUM, AND TRANSFER THE SAME TO THE HON’BLE PRINCIPAL FAMILY COURT AT BANGALORE IN THE INTEREST OF JUSTICE AND EQUITY. MANJANNA E Digitally signed by MANJANNA E Location: High Court of Karnataka, Dharwad Bench Date: 2025.02.01 11:42:48 +0530 - 2 - NC: 2025:KHC-D:1722 CP No. 100217 of 2024 THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: THE HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER Heard learned counsel appearing for the parties. 2. This petition is filed under Section 24 of CPC, seeking transfer of MC No. 154 of 2024 on the file of I Additional Family Court at Belagavi to the competent Family Court at Bengaluru. 3. It is submitted by the learned counsel appearing for the petitioner that the petitioner is residing at Bangalore along with her mother and it is difficult for her to travel more than 500 kms to attend the court proceedings at Belagavi, as the petitioner is having a minor daughter and which also involves financial burden on the petitioner. Accordingly, the petitioner sought for transfer of the MC No.154 of 2024. - 3 - NC: 2025:KHC-D:1722 CP No. 100217 of 2024 4. On the other hand, learned counsel appearing for the respondent-husband opposed the transfer of petition and submitted that the respondent is a Government servant and it would be difficult for the respondent to attend the proceedings at Bangalore as respondent working at Bailhongal. Accordingly, sought for dismissal of the petition. 5. In the light of the submission made by the learned counsel appearing for the parties and taking into consideration the factual aspects on record that the respondent herein has filed MC No.154 of 2024 under Section 9 of Hindu Marriage Act and same is pending consideration before the Family Court. Perusal of the reasons assigned by the petitioner that the petitioner is having minor child and taking care of her mother and therefore, convenience of the parties has to be considered under Section 24 of CPC and in the light of the judgment of the Hon'ble Supreme Court in - 4 - NC: 2025:KHC-D:1722 CP No. 100217 of 2024 the case of Sumita Singh vs. Kumar Sanjay and another reported in AIR 2002 SC 396 and in the case of Union of India and Others vs. Prakash Kumar Tandon reported in AIR 2009 SC 1375. Hence, the petition is allowed. MC No. 154 of 2024 pending consideration before the I Additional Family Court at Belgaum is withdrawn and transferred to the competent Family Court at Bangalore, forthwith. Sd/- (E.S.INDIRESH) JUDGE SB CT:ANB List No.: 1 Sl No.: 24