- 1 - HC-KAR NC: 2025:KHC-D:15398 CP No. 100193 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 11TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE C M JOSHI CIVIL PETITION NO.100193 OF 2025 BETWEEN: SMT. SEEMA W/O. PRAVEENKUMAR AGASANKOP, AGED ABOUT 30 YEARS, OCC. HOUSEHOLD WORK, R/O. C/O. FAKKIRAPPA S/O. HANAMREDDY REDDY, DIDDI ONI, JUDIPUMP, BEHIND HANUMAN TEMPLE, OLD HUBBALLI, HUBBALLI-580024, DIST. DHARWAD. …PETITIONER (BY SRI. S.S. NIRANJAN, ADVOCATE) AND: MR. PRAVEENKUMAR S/O. RAMREDDY AGASANKOP, AGED ABOUT 35 YEARS, OCC. PRIVATE SERVICE, R/A. GURAV GALLI, ADI, TQ. NIPPANI, DIST. BELAGAVI-591215. …RESPONDENT (BY SMT. KAVITA K. RATHOD, ADVOCATE FOR SRI. SANTOSH B. MALAGOUDAR, ADVOCATE) THIS CIVIL PETITION FILED UNDER SECTION 24 OF CPC, PRAYING TO WITHDRAW AND TRANSFER THE M.C.NO. 102/2025 PENDING ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC COURT NIPANI AND MADE IT OVER TO HON’BLE PRINCIPAL JUDGE FAMILY COURT, HUBBALLI, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER: YASHAVANT NARAYANKAR Digitally signed by YASHAVANT NARAYANKAR Date: 2025.11.13 10:24:04 +0530 - 2 - HC-KAR NC: 2025:KHC-D:15398 CP No. 100193 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE C M JOSHI) Heard the learned counsel appearing for the petitioner and the respondent. 2. The petitioner, who happens to be the wife of the respondent, has sought for transfer of M.C.No.102/2025 from Senior Civil Judge and JMFC Court Nipani to the Principal Judge, Family Court at Hubballi. 3. It is the case of the petitioner that the respondent has filed a petition seeking restitution of conjugal rights under Section 9 of the Hindu Marriage Act in M.C.No.102/2025 before the Senior Civil Judge and JMFC Court, Nipani. The petitioner submits that she has two children and it would be difficult for her to travel to Nipani to attend the case in M.C.No.102/2025. Therefore, she has sought for transfer of the said petition to the Family Court at Hubballi. 4. Learned counsel appearing for the petitioner reiterated the above contentions and seeks to allow the petition. - 3 - HC-KAR NC: 2025:KHC-D:15398 CP No. 100193 of 2025 5. Learned counsel appearing for the respondent submits that the respondent is the resident of Nipani and he is doing a private service and therefore, it would be difficult for him to visit Hubballi to attend the case, if the same is transferred. She also submits that the matter may be settled if the same is referred to the Mediation Centre. 6. Having heard both the sides, it is evident that the petitioner is having two children, one is aged about 2 years and another one is aged about 9 months and therefore, it would be difficult for her to visit Nipani to attend the case. The above circumstance definitely liens in favour of the petitioner. In the case of Smt.M.V. Rekha v. Sri Sathya @ Suraj1 this Court has held that generally it is the wife’s convenience that must be taken into consideration while transferring the matter. The facts of the case show that comparative hardship would be more to the petitioner, if the matter is tried at Nipani Court. In that view of the matter, the petition deserves to be allowed. Hence, the following: 1 ILR 2010 KAR 5507 - 4 - HC-KAR NC: 2025:KHC-D:15398 CP No. 100193 of 2025 ORDER (i) The petition is allowed. (ii) The M.C.No.102/2025 before the Senior Civil Judge and JMFC, Nipani, is hereby withdrawn and transferred to the Principal Judge, Family Court, Hubballi for disposal in accordance with law. (iii) Registry to intimate this order to both the Courts. (iv) The concerned Family Court is requested to refer the matter to the Mediation Centre to explore the possibility of settlement, if any, after appearance of the parties. SD/- (C M JOSHI) JUDGE YAN CT:PA LIST NO.: 1 SL NO.: 32