- 1 - NC: 2025:KHC-D:1733 CP No. 100252 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 29TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH CIVIL PETITION NO. 100252 OF 2024 (-) BETWEEN: B. BHARATHIBAI W/O. MAHADEVAPPA NAYAK, D/O. BALAJI NAYAK, AGE. 26 YEARS, OCC. HOUSEHOLD, R/O. KOPPAL, NOW R/O. NO.117, GOVINDAPUR TANDA-2, VARAKANAHALLI, TQ. HADAGALI, DIST. BALLARI-583219. …PETITIONER (BY SMT. RESHMA MADIWALAR, ADVOCATE FOR SRI. T. HANUMAREDDY, ADVOCATE) AND: MAHADEVAPPA S/O. TOURAPPA NAYAK, AGE. 31 YEARS, OCC. COOLIE, R/O. GANESH NAGAR, 26TH WARD, KOPPAL TQ., DIST. KOPPAL-583231 …RESPONDENT (BY SRI. SAIF ALI SHAIKH AND SRI. RAMACHANDRA BHAT, ADVOCATE) THIS CIVIL PETITION IS FILED U/SEC.24 OF CPC, PRAYING TO WITHDRAW THE M.C.NO.18/2024 PENDING ON THE FILE OF LEARNED PRL. JUDGE, FAMILY COURT, KOPPAL AND TRANSFER THE SAME TO BE LEARNED SENIOR CIVIL JUDGE AND JMFC, H.B.HALLI ITINERARY SITTING AT HOOVINA HADAGALI FOR DISPOSAL IN ACCORDANCE WITH LAW. MANJANNA E Digitally signed by MANJANNA E Location: High Court of Karnataka, Dharwad Bench Date: 2025.02.01 11:42:57 +0530 - 2 - NC: 2025:KHC-D:1733 CP No. 100252 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 the learned counsel appearing for the parties. 2. 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.18/2024 pending consideration before the learned Principal Judge, Family Court, Koppal to the competent Family Court at Hoovina-Hadagali of Ballari District. 3. Having taken note of the submission made by the learned counsel for the parties, it is submitted by the learned counsel appearing for the petitioner that the distance between Varakanahalli village of Hoovina-Hadagali Taluk and Koppal is more than 80 kms and further, as the petitioner has no source of income, it is difficult for the petitioner to arrange the financial assistance and she has to take someone along with her to attend the proceedings in Koppal and accordingly, sought for transfer of the petitioner. - 3 - NC: 2025:KHC-D:1733 CP No. 100252 of 2024 4. Per contra, learned counsel Sri. Saif Ali Shaikh, appearing for the respondent reiterates the averments made in the statement of objections and submitted that the petitioner herein has entered into an agreement as per Annexure-R2 and therefore, as the matter is settled between the parties, no interference is called for in this petition. 5. It is not in dispute that the place where the petitioner is residing is 80 kms away from Koppal. Taking into consideration the fact that the respondent has filed M.C.No.18/2021 seeking dissolution of marriage before the Family Court, Koppal, the hardship that may be caused to the petitioner has to be considered and therefore, I am of the view that the petition requires to be allowed. 6. Insofar as arguments advanced by the learned counsel appearing for the respondent that the matter is settled between the parties is concerned, it is open for the respondent to raise the said aspect in M.C.No.18/2024 and the Annexure- R2 herein cannot be accepted to arrive at a conclusion insofar as transfer of petition is concerned. Accordingly, the above petition is allowed. - 4 - NC: 2025:KHC-D:1733 CP No. 100252 of 2024 7. That the M.C.No.18/2024 pending consideration before the learned Principal Judge, Family Court, Koppal is hereby withdrawn and transferred to the competent Family Court at Hoovina-Hadagali of Ballari District, forthwith. Sd/- (E.S.INDIRESH) JUDGE YAN CT:ANB List No.: 1 Sl No.: 31