- 1 - HC-KAR NC: 2025:KHC-K:2829 CP No. 200002 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 4TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI CIVIL PETITION NO.200002 OF 2025 BETWEEN: SANGEETA W/O PARASAPPA @ PARASHURAM PUJARI AGE: 35 YEARS, OCC: HOUSEHOLD, R/O: SURAGIHALLI, TQ: SINDAGI, DIST: VIJAYAPURA – 586 215. …PETITIONER (BY SRI YASHAS S.DIKSHIT, ADVOCATE) AND: 1. PARASAPPA @ PARASHURAM S/O TEJAPPA PUJARI AGE: 42 YEARS, OCC: AGRI., 2. SMT. PARVATI W/O PARASAPPA PUJARI AGE: 38 YEARS OCC: AGRI., BOTH ARE R/O: SURAGIHALLI, TQ: SINDAGI, DIST: VIJAYAPUR – 586 215. …RESPONDENTS (BY SRI B.BHIMASHANKAR, ADVOCATE FOR R1 AND R2) Digitally signed by RAMESH MATHAPATI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:2829 CP No. 200002 of 2025 THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CODE OF CIVIL PROCEDURE, 1908, PRAYING TO ORDER TRANSFER OF O.S.NO.31/2024 FROM THE CIVIL JUDGE AND J.M.F.C., JEWARGI TO CIVIL JUDGE AND J.M.F.C., SINDAGI, AND TO PASS ANY OTHER APPROPRIATE ORDERS AS MAY BE DEEMED NECESSARY, IN THE INTEREST OF JUSTICE. THIS CIVIL PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI ORAL ORDER This Civil petition is filed seeking for transfer of proceedings in O.S.no.31/2024 on the file of Civil Judge and JMFC, Jewargi to court of Civil Judge and JMFC, Sindagi. 2. Petition is filed by defendant in said suit. 3. Sri Yashas S.Dikshit, learned counsel for petitioner submitted respondents had filed O.S.no.31/2024 claiming that they were legally wedded husband and wife and that earlier marriage alleged to be registered on 11.12.2009 between plaintiff No.1 and defendant (present petitioner) was illegal and for declaration that same was null and void as well as for declaring plaintiffs as husband and wife. It was submitted said suit was filed at Jewargi whereas petitioner was residing at Sindagi. It was submitted petitioner had filed O.S.no.245/2022 - 3 - HC-KAR NC: 2025:KHC-K:2829 CP No. 200002 of 2025 for partition against respondent no.1 herein which was pending before Court of Additional Senior Civil Judge and JMFC at Sindagi. She had also filed Crl.Misc.no.23/2022 claiming for maintenance which was pending before Court of Senior Civil Judge and JMFC, Sindagi. Said matters were duly pursued by respondent no.1 at Sindagi. Since petitioner was a lady and had travel distance of 81 kilometers which would take more than three hours was causing inconvenience. Therefore, submitted transfer of said proceedings to Court at Sindagi would be convenient. On said grounds sought for allowing of petition. 4. Sri B.Bhimashankar, learned counsel for respondents on other hand opposed petition. 5. It was submitted that without any legal and valid marriage, by force respondent no.1 was taken to office of Registrar of Marriages and marriage with petitioner herein was registered on 11.12.2009. He had approached petitioner for cancellation of certificate of marriage prior to filing of suit. Since said marriage was without performance of any ceremony - 4 - HC-KAR NC: 2025:KHC-K:2829 CP No. 200002 of 2025 and respondent no.1 had married respondent no.2 lawfully, suit was filed. 6. It was submitted to demonstrate plaint averments they would require to examine witnesses/Registrar of Marriage, Jewargi. It would cause grave inconvenience to plaintiffs to get said witnesses from Jewargi to Court at Sindagi in case of transfer. It was submitted though respondent no.1 was pursuing his cause in suit for partition and petition for maintenance at Sindagi, subject matter was different and witnesses to be examined would be different. Therefore, litigation between parties could not be consolidated at once place. 7. In reply, learned counsel for petitioner submitted that petitioner would be burdened with travel expenses etc., 8. Heard learned counsel and perused petition papers. 9. From above, point that would require for consideration would be : “Whether petitioner would be entitled for transfer of proceedings in O.S.no.31/2024 from - 5 - HC-KAR NC: 2025:KHC-K:2829 CP No. 200002 of 2025 Court of Civil Judge and JMFC at Jewargi to Court of Civil Judge and JMFC at Sindagi ? 10. Point for consideration is answered in negative, for following : REASONS 11. Though normally, in matrimonial litigation convenience of wife would require consideration, proceedings in instant case is civil suit for declaration of plaintiffs as married couple and for declaration of registration of marriage between plaintiff no.1 and defendant as illegal. As per pleadings, there were no marriage ceremonies performed. Therefore, registration of marriage by Registrar of Marriage at Jewargi was illegal. Therefore, there would be substance in plaintiffs contention that witnesses would hail from Jewargi. Thus, Transfer would inconvenience plaintiffs whereas burden of travel expenses and inconvenience caused to defendants, could be offset by imposing appropriate conditions. Taking note of fact that distance between Sindagi and Jewargi is 81 kilometers and can be reached in two hours, it would be possible for petitioner herein travel to Jewargi and back in same day. Even - 6 - HC-KAR NC: 2025:KHC-K:2829 CP No. 200002 of 2025 if she is accompanied with someone else, travel would be necessary only at time of recording of evidence and travel expenses could be made easy. It would be reasonable to direct respondents herein to pay a sum of Rs.1,000/- on each date when plaintiffs appears at Jewargi Court for recording of evidence. 12. Undertaking of respondents to conclude recording of evidence expeditiously is taken on record. With above conditions petition is dismissed. Sd/- (RAVI V HOSMANI) JUDGE SN List No.: 1 Sl No.: 42 Ct;Vk