- 1 - NC: 2025:KHC-K:1931 CP No. 200010 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 25TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE CIVIL PETITION NO. 200010 OF 2025 (RES) BETWEEN: SMT. ISHRAT W/O RIYAZ GUDDAD, AGE: 23 YEARS, OCC: HOUSEHOLD WORK, R/O: AMEEN NAGAR, BEHIND DARGA JAIL VIJAYAPUR – 586 101. …PETITIONER (BY SRI YASHAS S.DIKSHIT, ADVOCATE) AND: SRI. MOHD. RIYAZ S/O DAWALSAB GUDDAD AGE: 30 YEARS, OCC: FLOORING CONTRACTOR R/O: OPPOSITE MAHEBOOB MASJID, K.E.B ROAD, ILKAL, TAL: HUNAGUND, DIST: BAGALKOT – 587 113. …RESPONDENT (BY SRI. VIRANAGOUDA M.BIRADAR, ADVOCATE) THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF THE CPC, PRAYING TO ORDER TRANSFER OF O.S.NO.683/2024 FROM THE FILE OF THE PRINCIPAL JUDGE AND J.M.F.C., HUNGUND TO THE JURISDICTIONAL COURT AT VIJAYAPURA, Digitally signed by BASALINGAPPA SHIVARAJ DHUTTARGAON Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:1931 CP No. 200010 of 2025 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 ANANT RAMANATH HEGDE ORAL ORDER (PER: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) 1. This petition is filed seeking transfer of original suit in O.S.No.683/2024 pending on the file of Principal Civil Judge and JMFC Court, Hunagund, to jurisdictional Court at Vijayapura. 2. The petitioner is defendant in aforementioned suit. The petitioner claims that, she is resident of Vijayapura. The residential address shown in the cause title reveals that, she is resident of Vijayapura. The aforementioned suit is filed for the relief of restitution of conjugal rights. The petitioner claims that, the distance between Hunagund to Vijayapura is 98 kilometers and she is unemployed. Under these circumstances, she contends that, she is unable to attend the Court in Hunagund and unable to defend the suit effectively. - 3 - NC: 2025:KHC-K:1931 CP No. 200010 of 2025 3. The learned counsel for the respondent/husband opposes the petition on the premise that petition is not maintainable as petitioner can travel from Vijaypura to Hungunda. 4. Considering the averments made in the petition and the submissions made at the Bar, the petition needs to be allowed, as law in this regard is fairly settled. No ground is made out to take exceptions to the petitioner’s case. Accordingly, the following order: ORDER (i) The petition is allowed; (ii) Suit in O.S.No.6833/2024 pending on the file of Principal Civil Judge and JMFC Court, Hunagund, is transferred to the jurisdictional Family Court at Vijayapura. Sd/- (ANANT RAMANATH HEGDE) JUDGE SVH List No.: 1 Sl No.: 40