- 1 - HC-KAR NC: 2025:KHC-D:15397 CP No. 100194 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.100194 OF 2025 BETWEEN: SMT. SHOBHA W/O. MARUTI BAGAD, AGE: 53 YEARS, OCC. GOVERNMENT TEACHER, R/O. GOLASANGI, TQ. BAGEWADI, DIST. VIJAYAPURA-586216, NOW AT CHALUKYA NAGAR, TQ. BADAMI, DIST. BAGALKOTE-587201. …PETITIONER (BY SRI. YADAWAD GIRISH ARUN, ADVOCATE) AND: MARUTI S/O. SULLADAPPA BAGAD, AGE: 52 YEARS, OCC. PVT. SERVICE, R/O. CHALUKYA NAGAR, BADAMI, TQ. BADAMI, DIST. BAGALKOTE-587201, NOW AT DEPARTMENT OF AGRICULTURE, RAITA SAMPARKA KENDRA, KERUR, TQ. BADAMI, DIST. BAGALKOTE-587206. …RESPONDENT (RESPONDENT-NOTICE SERVED) THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CPC, 1908, PRAYING TO WITHDRAW AND TRANSFER MC. NO. 52/2025 PENDING ON THE FILE OF THE JUDGE FAMILY COURT, VIJAYAPUR, C/C OF I ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, VIJAYAPUR, TO THE COURT OF THE PRINCIPAL JUDGE FAMILY COURT, BAGALKOTE, 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 10:24:05 +0530 - 2 - HC-KAR NC: 2025:KHC-D:15397 CP No. 100194 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE C M JOSHI) Heard the learned counsel appearing for the petitioner. 2. The petitioner is the wife of the respondent. The grievance of the petitioner is that the respondent has filed M.C.No.52/2025 seeking decree of divorce at Principal Judge, Family Court at Vijayapur. It is also submitted that the petitioner has filed a petition under Section 9 of the Hindu Marriage Act seeking restitution of conjugal rights in M.C.No.116/2025 before the Family Court at Bagalkot. It is submitted that the petitioner and the respondent do not have any children. Further, the petitioner is residing at Bagalkot and therefore, it would be convenient to her to attend the Court at Bagalkot, and if both the cases are tried together, an effective adjudication may be made. 3. In view of the law laid down by this Court in the case of Smt.M.V. Rekha v. Sri Sathya @ Suraj1 the law liens in favour of the wife and 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 1 ILR 2010 KAR 5507 - 3 - HC-KAR NC: 2025:KHC-D:15397 CP No. 100194 of 2025 comparative hardship would be more to the petitioner-wife, if the matter is tried at Vijayapura Court. In that view of the matter, the petition deserves to be allowed. Hence, the following: ORDER (i) The petition is allowed. (ii) The M.C.No.52/2025 pending on the file of the Principal Judge, Family Court, Vijayapur is hereby withdrawn and transferred to the Principal Judge, Family Court, Bagalkot to be tried along with M.C.No.116/2025.. (iii) Registry to intimate this order to the said Courts. SD/- (C M JOSHI) JUDGE YAN CT:PA, LIST NO.: 1 SL NO.: 33