- 1 - NC: 2025:KHC-K:2147 CP No. 200019 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 3RD DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE CIVIL PETITION NO. 200019 OF 2025 (RES) BETWEEN: LAKSHMI W/O HITESH DODAMANI (LAKSHMI D/O RUDRAPPA KATTIMANI) W/O HITESH DODAMANI, AGED ABOUT 25 YEARS, OCC: HOUSEHOLD, R/O: NIDAGUNDI, TQ: NIDAGUNDI, DIST: VIJAYAPURA NOW AT C/O: RUDRAPPA KATTIMANI, NEAR MUTTON MARKET, NETAJI NAGAR MUDDEBIHAL, TQ: MUDDEBIHAL, DIST: VIJAYAPURA – 586 212. …PETITIONER (BY SRI SWATI M.N., AND SRI RAVI BEEMSINGH CHAVAN, ADVOCATES) AND: HITESH S/O HANAMANTH DODAMANI AGED ABOUT 30 YEARS, OCC: BANK EMPLOYEE, R/O: PLOT NO. 76, ASHRAM ROAD, AKKI COLONY VIJAYAPUR, TQ: AND DIST: VIJAYAPUR – 586 101. …RESPONDENT (BY SRI SHIVANAND V.PATTANASHETTI, ADVOCATE) Digitally signed by BASALINGAPPA SHIVARAJ DHUTTARGAON Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:2147 CP No. 200019 of 2025 THIS CIVIL PETITION IS FILED UNDER SECTION 24 (1) (A) OF THE CODE OF CIVIL PROCEDURE, PRAYING TO TRANSFER THE M.C.NO.25/2025 PENDING ON THE FILE HON’BLE JUDGE FAMILY COURT AT VIJAYAPURA TO COURT OF SENIOR CIVIL JUDGE AND J.M.F.C., AT MUDDEBIHAL, FOR BETTER ADJUDICATION AND TO REACH THE ENDS 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) Heard learned counsel appearing for the petitioner and the learned counsel appearing for the respondent. 2. This petition is filed invoking Section 24 of the Code of Civil Procedure and the petitioner prays that the petition in M.C.No.25/2025 filed by her husband seeking dissolution of marriage be transferred from the Family Court at Vijayapura to the Court of Senior Civil Judge in Muddebihal. 3. Learned counsel for the petitioner submits that the petitioner is a housewife and she is a resident of Muddebihal and her husband is resident of Vijayapura and Muddebihal is at a - 3 - NC: 2025:KHC-K:2147 CP No. 200019 of 2025 distance of 80 kms from Vijayapura and she is not in a position to travel to contest the petition seeking dissolution of marriage. 4. It is also the submission of the learned counsel for the petitioner that no arrangement is made towards maintenance of the present petitioner and in this context, it is submitted that the petition in M.C.No.25/2025 on the file of the Family Court, Vijayapura be transferred to the Senior Civil Judge in Muddebihal. 5. Learned counsel appearing for the respondent/husband on the other hand would submit that the petition be transferred to the Family Court at Kalaburagi and it will be convenient for both the petitioner and the respondent. 6. It is submitted that the distance between Kalaburagi and Muddebihal is 200 kms. 7. Learned counsel for the respondent on a specific question put by the Court also submits that so far there is no order for maintenance. 8. Learned counsel for the petitioner on the other hand would submit that Kalaburagi is not a convenient place for the - 4 - NC: 2025:KHC-K:2147 CP No. 200019 of 2025 petitioner as distance between Kalaburagi and Muddebihal is around 200 kms. 9. This Court has considered the contentions made at the bar and perused the records. 10. There is no dispute that petition seeking dissolution of marriage is pending consideration in M.C.No.25/2025 on the file of the Family Court at Vijayapura. There is no dispute that Vijayapura is at a distance of 80 kms from Muddebihal. It is again noticed that distance between Muddebihal and Kalaburagi is around 200 kms and distance between Kalaburagi and Vijayapura is around 165 kms. Under the circumstances, this Court cannot pass an order to transfer the petition to the Court at Kalaburagi. Moreover, the cause of action has not arisen within the territorial jurisdiction of Kalaburagi. 11. Learned counsel for the respondent would submit that in case the matter cannot be transferred to Kalaburagi, the matter be heard and decided in Vijayapura itself. - 5 - NC: 2025:KHC-K:2147 CP No. 200019 of 2025 12. The law in this regard is well settled. The convenience of the wife has to be taken into account while considering the application under Section 24 of the Code of Civil Procedure. Since, the petitioner is admittedly a resident of Muddebihal, this Court is of the view that the petition has to be allowed. 13. Hence the following: ORDER (i) The petition is allowed. (ii) M.C.No.25/2025 pending on the file of the Family Court at Vijayapura is ordered to be transferred to the Court of Senior Civil Judge at Muddebihal. (iii) Parties shall appear before the Court on 28.04.2025 without any further notice. Sd/- (ANANT RAMANATH HEGDE) JUDGE brn List No.: 1 Sl No.: 42