- 1 - HC-KAR NC: 2025:KHC-D:9141 CP No. 100085 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.100085 OF 2025 BETWEEN: SMT. MALANABI @ NAJANEEN W/O. RIYAZAHAMMAD BAGAWAN, AGE: 38 YEARS, OCC: HOUSEHOLD, R/O: C/O: ADBUL RAZAK MODINSAB BALIKAI, NEAR HALEBAJI MARKET, NALABAND GALLI, BAGALKOT, TQ AND DIST: BAGALKOT – 587 101. …PETITIONER (BY SRI. SIDDAPPA SAJJAN, ADVOCATE) AND: RIYAZAHAMMAD S/O. GIDDUSAB BAGAWAN, AGE: 41 YEARS, OCC: TEACHER, R/AT: GAJENDRAGAD, TQ: GAJDENDRAGAD, DIST” GADAG – 582 114 …RESPONDENT (RESPONDNET IS SERVED) THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CODE OF CIVIL PROCEDURE PRAYING TO WITHDRAW THE PETITION O.S. NO.347/2024 UNDER ORDER 7 RULE 1 AND 2 CPC BEFORE PRL. CIVIL JUDGE AND JMFC AT RON, TRANSFER TO THE COURT PRL. JUDGE FAMILY COURT AT BAGALKOT 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:9141 CP No. 100085 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 O.S.No.347/2024 initiated by the respondent-husband on the file of the Principal Civil Judge and JMFC, Ron to the Court of Principal Judge, Family Court, Bagalkot. 2. Marriage between the petitioner and respondent having taken place on 03.02.2017, at Bagalkot is not in dispute. It is submitted that the distance between Ron where the present proceedings is pending consideration and Bagalkot is about more than 65 kilometers and the petitioner would be put to hardship to travel all the way from Bagalkot to Ron to contest the proceedings effectively. 3. Though notice of the petition is served on the respondent, there is no representation. 4. It is also submitted that apart from the present proceedings, the wife has also initiated proceedings in - 3 - HC-KAR NC: 2025:KHC-D:9141 CP No. 100085 of 2025 Crl.Misc.No.131/2024 before the Principal Family Court, Bagalkot claiming maintenance, which are pending consideration before the competent Courts at Bagalkot. 5. The marriage of the petitioner and respondent is admittedly had taken place in Bagalkot and petitioner is admittedly residing at Ron. Even in terms of Section 19(ii) of Hindu Marriage Act, the petition is required to be filed where the respondent resides. Further, admittedly the distance between Bagalkot and Ron is 65 kilometers. This Court is of the considered view that petitioner has made out a case of allowing of the petition. 6. For the aforesaid reasons, the petition is allowed directing to present the matter in O.S.No.347/2024 pending on the file of Principal Civil Judge and JMFC, Ron be withdrawn and transferred to the Principal Judge, Family Court at Bagalkot. 7. Since the parties are represented through their counsels, they shall appear before the Principal Judge, - 4 - HC-KAR NC: 2025:KHC-D:9141 CP No. 100085 of 2025 Family Court at Bagalkot on 28.08.2025 without any further notice. 8. The Principal Judge, Family Court at Bagalkot shall ensure service of notice to the respondent and proceed thereafter in accordance with law. Sd/- (M.G.S. KAMAL) JUDGE RHR/CT-ASC List No.: 1 Sl No.: 14