- 1 - NC: 2025:KHC-D:255 CP No.100227 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 08TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH CIVIL PETITION NO. 100227 OF 2024 BETWEEN: SMT. SANGEETA W/O PRATAP HONKAMBLE AGE: 34 YEARS, OCC.: HOUSEHOLD WORK, R/O: C/O SHRI LAXMAN YALLAPPA KAMBLE, JANMATA, PLOT, WARD NO.10 LOKAPUR, MUDHOL TALUK, BAGALKOT DISTRICT – 587 112. …PETITIONER (BY SRI. GIRISH A. YADAWAD, ADVOCATE) AND: PRATAP S/O BAPUR HONAKAMBLE AGE: 43 YEARS, OCC.: AGRICULTURE, R/O NEAR RENUKA MANDIR, SANAKKI GALLI, KUDACHI, RAIBAG TALUK, BELAGAVI DISTRICT – 591 317. …RESPONDENT (RESPONDENT SERVED - UNREPRESENTED) V N BADIGER Digitally signed by V N BADIGER Date: 2025.01.10 16:37:55 +0530 - 2 - NC: 2025:KHC-D:255 CP No.100227 of 2024 THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF THE CODE OF CIVIL PROCEDURE, PRAYING TO WITHDRAW AND TRANSFER THE MATRIMONIAL CASE NO.40 OF 2024 PENDING ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC., RAIBAG TO THE COURT OF THE PRINCIPAL SENIOR CIVIL JUDGE, MUDHOL 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 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE E.S.INDIRESH) This petition is filed by the petitioner-wife under Section 24 of the Code of Civil Procedure, seeking transfer of M.C. No.40 of 2024 pending consideration before the Senior Civil Judge and JMFC., Raibag to the Court of Principal Senior Civil Judge, Mudhol. 2. It is the case of the petitioner-wife that the respondent-husband has filed M.C. No.40 of 2024 before the Senior Civil Judge and JMFC., Raibag under Section 9 of Hindu Marriage Act, 1955 for restitution of conjugal rights. The petitioner herein has stated that, she is residing with her parents at Lokapur Village in Mudhol - 3 - NC: 2025:KHC-D:255 CP No.100227 of 2024 Taluk and the distance between the Lokapur Village and Raibag is around 90 Kilometers, which would cause more hardship to the petitioner-wife to prosecute the petition filed by the respondent-husband at Raibag. Hence, this petition is filed. 3. Heard Sri. Girish A. Yadwad, learned counsel appearing for the petitioner. Respondent served and unrepresented. 4. Having taken note of the grounds urged in the petition that the petitioner-wife is residing with her parents at Lokapur Village in Mudhol Taluk and the distance between the said village and Raibag is around 90 Kilometers, I am of the view that, more hardship would be caused to the petitioner-wife to attend the proceedings, if M.C. No.40 of 2024 filed by the respondent-husband before the Senior Civil Judge and JMFC., Raibag is not transferred to the competent Court at Mudhol. In that view of the matter, the present petition deserves to be allowed. Accordingly, I pass the following. - 4 - NC: 2025:KHC-D:255 CP No.100227 of 2024 O R D E R 1) Civil Petition is allowed; 2) M.C. No.40 of 2024 filed by the respondent-husband on the file of the Senior Civil Judge and JMFC., Raibag is hereby withdrawn and transferred to the Court of Principal Senior Civil Judge, Mudhol. Sd/- (E.S. INDIRESH) JUDGE ARK List No.: 1 Sl No.: 40