- 1 - NC: 2025:KHC-D:1124 CP No. 100269 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 21ST DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH CIVIL PETITION NO. 100269 OF 2024 (-) BETWEEN: DR VISHALI HIREMATH W/O.SIDDALINGAYYA SHANKEENA, AGE. 29 YEARS, OCC. VETERINARY OFFICER, R/O. PLOT NO.7, BASAVA NILAYA, RAJKUMAR LAYOUT, NEAR TOWN PALACE HOTEL, ATHANI ROAD, VIJAYAPUR-586102. NOW AT VETERINARY CLINIC HOSATTI TQ: TIKOTA, DIST: VIJAYAPUR – 586102. …PETITIONER (BY SRI. GIRISH S.HIREMATH, ADVOCATE) AND: DR. SIDDALINGAYYA S/O. SHEKARAYYA SHANKEENA, AGE. 30 YEARS, OCC. VETERINARY OFFICER R/O. PLOT NO.25/26, SIDDU NILAYA, KRISHANGIRI COLONY, KUSHTAGI, TQ: KUSHTAGI, DIST: KOPPAL – 583231. …RESPONDENT (BY SRI. SYED R H & SMT. G R JYOTI, ADVOCATES) THIS CIVIL PETITION IS FILED U/SEC.24 OF CPC, PRAYING TO TRANSFER THE MATRIMONIAL CASE NO.35/2022 WHICH PENDING BEFORE THE SENIOR CIVIL JUDGE AND JMFC, KUSHTAGI TO VIJAYAPUR FAMILY COURT, VIJAYAPUR, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING: MANJANNA E Digitally signed by MANJANNA E Date: 2025.01.24 13:00:32 +0530 - 2 - NC: 2025:KHC-D:1124 CP No. 100269 of 2024 CORAM: THE HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER 1. Heard the learned counsel for the parties. 2. This petition is filed under Section 24 of the Code of Civil Procedure by the petitioner – wife seeking transfer of M.C.No.35/2022 pending consideration before the Senior Civil Judge and JMFC, Kushtagi to the competent Court at Vijayapur. 3. It is contended by the learned counsel for the petitioner that the petitioner is working in the Department of Veterinary at Vijayapur and she is having a child and therefore it is difficult for her to travel for more than 150 k.m. and accordingly sought for transfer of the petition. 4. Per contra, learned counsel for the respondent reiterates the averments made in the statement of objection and contended that on the earlier occasion this Court has dismissed the petition in C.P.No.100074/2019 (Annexure-A) and therefore the present petition does not - 3 - NC: 2025:KHC-D:1124 CP No. 100269 of 2024 survive for consideration. It is also submitted by the learned counsel for the respondent that the petitioner has intentionally left Kushtagi and residing at Vijayapur and accordingly sought for dismissal of the petition. 5. In the light of the submissions made by the learned counsel for the parties and taking into account the fact that the petitioner is having a minor child and also working in the Department of Veterinary at Vijayapur and having regard to convenience of the parties is concerned, I am of the view that in terms of the judgment of the Hon’ble Supreme Court in the case of the Sumita Singh vs. Kumar Sanjay and Another reported in AIR 2002 SC 396 and in the case of Anjali Ashok Sadhwani vs. Ashok Kishinchand Sadhwani reported in AIR 2009 SC 1374, I find force in the submission made by the learned counsel for the petitioner. 6. In view of the aforementioned, the following: - 4 - NC: 2025:KHC-D:1124 CP No. 100269 of 2024 ORDER i. The petition is allowed. ii. M.C.No.35/2022 pending consideration before the Senior Civil Judge and JMFC, Kushtagi is hereby withdrawn and transferred to the competent Family Court at Vijayapur for final consideration forthwith. Sd/- (E.S.INDIRESH) JUDGE SH CT:ANB List No.: 1 Sl No.: 36