- 1 - HC-KAR NC: 2025:KHC-D:12018 CP No. 100228 of 2024 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 15TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CIVIL PETITION NO. 100228 OF 2024 BETWEEN: SMT. SHRUTI W/O. SHARANABASAPPA KADAKOLA AGED ABOUT 27 YEARS, OCC. HOUSEWIFE R/O. C/O. SHANKARAPPA SHANKARAGOUDRA GUDISAGAR POST 582208. NAVALAGUNDA TALUK, DHARWAD DISTRICT. …PETITIONER (BY SRI. RAGHUVEER R. SATTIGERI, ADVOCATE) AND: SRI. SHARANABASAPPA S/O. VIRUPAKSHAPPA KADAKOLA AGED ABOUT 36 YEARS, OCC. JOB IN PRIVATE COMPANY BASAVARAJAPPA LAYOUT, NEAR S.B.KALYANAMANTAPA BIDADI TOWN, BIDADI HOBLI-562109 RAMANAGAR TALUK, RAMANAGAR DISTRICT. …RESPONDENT (SERVICE HELD SUFFICIENT) THIS CIVIL PETITION IS FILED U/SEC.24 OF CPC, PRAYING TO ALLOW THIS CIVIL PETITION BY WITHDRAWING M.C.NO.82/2024 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, RAMANAGARA AND TRANSFER THE SAME TO THE SENIOR CIVIL JUDGE AND JMFC, NAVALGUND, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.09.17 12:56:28 +0530 - 2 - HC-KAR NC: 2025:KHC-D:12018 CP No. 100228 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE G BASAVARAJA) 1. Heard the arguments of learned counsel for the petitioner. 2. The petitioner, Smt.Shruti W/o Sharanabasappa Kadakola, has filed this petition under Section 24 of the Code of Civil Procedure, 1908 (for short, ‘the CPC’), seeking transfer of the proceedings in M.C.No.82/2024 from the file of the Additional Senior Civil Judge and JMFC, Ramanagara, to the Court of the Senior Civil Judge and JMFC, Navalagund, for following reasons: i. “It is submitted that the Petitioner is a housewife and is financially weak and cannot travel on each and every date of hearing from Gudisagar village in Navalgund taluk of Dharwad District to Ramanagara to attend the Court proceedings by engaging lawyer. The petitioner has no source of income either to maintain or to travel to attend the cases. ii. It is submitted that, the petitioner is having six year old son and to attend the case at Ramanagara she has to travel more than 500 Kms., that is almost full night journey. There is nobody in the family to accompany the petitioner to travel to Ramanagar. Knowing the above fact, the respondent with an intention to harass the petitioner, has instituted petition in M.C.No.82/2024. - 3 - HC-KAR NC: 2025:KHC-D:12018 CP No. 100228 of 2024 iii. It is relevant to note here that the respondent had earlier instituted petition in M.C.No.83/2019 seeking restitution of conjugal rights before the Family Court, Hubballi and the said proceedings ended in compromise on the assurance of the respondent. Again, for the same relief the Respondent filed petition in M.C.No.52/2021 on the file of Additional Senior Civil Judge and JMFC, Ramanagara. Since, it was very difficult for the Petitioner to travel to Ramanagar to attend the proceedings in MC No.52/2021, the Petitioner had approached this Hon'ble Court in CP No.100133/2021 seeking transfer of MC No.52/2021 from Ramanagara to Navalgund. This Hon'ble Court was pleased to allow the said petition and transferred the MC No.52/2021 on the file of the Additional Senior Civil Judge and Judicial Magistrate First Class, Ramanagara to the Court of the Civil Judge and Judicial Magistrate First Class, Navalgund. iv. It is submitted that filing of M.C.No.82/2024 is an afterthought and the same has been filed in order to defeat the Order passed by this Hon'ble Court in CP No.100133/2021. Therefore, interference of this Hon'ble Court is just and necessary. v. It is submitted that in order to harass the Petitioner on one or other pretext, the Respondent has filed the petition in MC No.82/2024 on the file of the Additional Senior Civil Judge & JMFC, Ramanagara. Therefore, interference of this Hon'ble Court is just and necessary. vi. It is submitted that as per the petitioner, the respondent is the influenced person and there is threat to life to the petitioner and to her son. Therefore, the petitioner cannot afford to travel to Ramangara to attend the case.” 3. Despite service of notice, the respondent has remained absent and unrepresented. - 4 - HC-KAR NC: 2025:KHC-D:12018 CP No. 100228 of 2024 4. Along with this petition, the petitioner has produced the following documents: i. The petitioner has produced a copy of the petition filed in M.C. No.82/2024 under Section 13(1)(i-a)(i-b) of the Hindu Marriage Act against this petitioner, Smt.Shruti W/o Sharanabasappa Kadakola, before the Additional Senior Civil Judge and JMFC, Ramanagara. ii. The certified copy of the order sheet pertaining to M.C.No.83/2019, on the file of the Principal Judge, Family Court, Hubballi, is also produced. iii. A copy of the compromise petition filed under Section 125(1) of the Cr.P.C. before the Civil Judge and JMFC, Navalagund, and the copy of the petition filed in C.P. No.100133/2021 are also produced. 5. There are no materials to disbelieve the grounds urged by the learned counsel for the petitioner. Hence, I proceed to pass the following order: ORDER i. Civil Petition is allowed; ii. M.C. No.82/2024, pending on the file of the Additional Senior Civil Judge and JMFC, Ramanagara, is hereby withdrawn and transferred to the Senior Civil Judge and - 5 - HC-KAR NC: 2025:KHC-D:12018 CP No. 100228 of 2024 JMFC, Navalagund for disposal in accordance with law; iii. The Registry is directed to send a copy of this order to the respondent by Registered Post Acknowledgment Due; iv. The Registry is also directed to send a copy of this order to both the Courts, for taking necessary action. Sd/- (G BASAVARAJA) JUDGE AC Ct-cmu List No.: 1 Sl No.: 10