- 1 - HC-KAR NC: 2025:KHC-D:9142 CP No. 100090 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 24TH DAY OF JULY 2025 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL CIVIL PETITION NO.100090 OF 2025 BETWEEN: SMT. NAGAVENI @ KAVITA W/O. RAJU PADENNAVAR, AGE: 30 YEARS, OCC: HOUSEHOLD, R/O: C/O: CHANDRAPPA S/O. SHINGAPPA KURUBAR, NEAR VITTHAL TEMPLE, GADDI ONI, GURUWAR PETH, KITTUR, TQ: KITTUR, DIST: BELAGAVI. …PETITIONER (BY SRI. SURESH SHETTEMMANAVAR & SRI. VINAYKUMAR G.G., ADVOCATES) AND: SRI. RAJU S/O. SIDDARAYAPPA PADENNAVAR, AGE: 37 YEARS, OCC: EMPLOYEE AT TENNECO PVT. LTD PUNE, R/O: 4TH CROSS SATISH NAGA, GOKAK, TQ: GOKAK, DIST: BELAGAVI. …RESPONDENT (BY SRI. S. S. HIREMATH, ADVOCATE) THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CODE OF CIVIL PROCEDURE PRAYING TO TRANSFER THE MATRIMONIAL CASE NO.23/2025 PENDING BEFORE THE PRL. SENIOR CIVIL JUDGE COURT, GOKAK AT GOKAK TO THE SENIOR CIVIL JUDGE COURT, BAILHONGAL IN THE INTEREST OF JUSTICE AND EQUITY AND ETC., THIS CIVIL PETITION, COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:9142 CP No. 100090 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.G.S. KAMAL) 1. The present petition is by the wife seeking transfer of proceedings in M.C.No.23/2025 initiated by the respondent-husband on the file of the Principal Senior Civil Judge, Gokak seeking relief of restitution of conjugal rights to the Court of Senior Civil Judge, Bailhongal. 2. Marriage between the petitioner and respondent having taken place on 19.04.2018, at Gokak is not in dispute. It is submitted that the distance between Gokak where the present proceedings is pending consideration and Bailhongal is about more than 50 kilometers and the petitioner would be put to hardship to travel all the way from Bailhongal to Gokak to contest the proceedings effectively. 3. Counsel for the respondent has no objection for the same. 4. The marriage of the petitioner and respondent is admittedly had taken place in Gokak and petitioner is - 3 - HC-KAR NC: 2025:KHC-D:9142 CP No. 100090 of 2025 admittedly residing at Bailhongal. Even in terms of Section 19 of Hindu Marriage Act, the petition is required to be filed where the respondent resides. 5. In the light of the submission made by the counsels, the petition is allowed directing to present the matter in M.C.No.23/2025 pending on the file of Principal Senior Civil Judge, Gokak be withdrawn and transferred to the Senior Civil Judge, Bailhongal. 6. Since the parties are represented through their counsels, they shall appear before the Senior Civil Judge, Bailhongal on 28.08.2025 without any further notice. Sd/- (M.G.S. KAMAL) JUDGE RHR/CT-ASC List No.: 1 Sl No.: 15