- 1 - HC-KAR NC: 2026:KHC-D:137 CP No. 100080 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 07TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR CIVIL PETITION NO.100080 OF 2025 BETWEEN: SMT. VIDYASHRI W/O. NIJAGUN HOSAMANIPATIL, AGE: 34 YEARS, OCC: HOUSEHOLD WORK, R/O. HANAGANDI VILLAGE, TQ. RABAKAVI-BANAHATTI, DIST. BAGALKOT-587314. …PETITIONER (BY SRI M. C. HUKKERI, ADVOCATE.) AND: SHRI NIJAGUN S/O. BHIMAPPA HOSAMANIPATIL, AGE: 42 YEARS, OCC: AGRICULTURE, R/O. NAGANUR, TQ. MUDALGI, DIST. BELAGAVI-591312. …RESPONDENT (BY SRI SANTOSH B. MALLIGAWAD, ADVOCATE.) THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF THE CODE OF CIVIL PROCEDURE, PRAYING TO ALLOW THE CIVIL PETITION BY WITHDRAWING THE M.C.NO.16/2025 PENDING ON THE FILE OF PRINCIPAL SENIOR CIVIL JUDGE GOKAK AT GOKAK AND TO TRANSFER THE COURT OF SENIOR CIVIL JUDGE BANAHATTI AT BANAHATTI, FOR ADJUDICATE BOTH MATTERS WITH PERFECT AND MEANINGFUL MANNER IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2026:KHC-D:137 CP No. 100080 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) Though the case is listed for admission, with the consent of the learned counsel for the petitioner, it is taken up for final disposal. 2. This petition is filed under Section 24 of the Code of Civil Procedure, 19081, praying to transfer the case in M.C.No.16/2025, pending on the file of Principal Senior Civil Judge, Gokak, to the Court of Senior Civil Judge and JMFC, Banahatti. 3. Heard the learned counsel appearing for the petitioner and perused the material available on record. 4. The parties to the proceedings do not dispute that the marriage between the petitioner/wife and the respondent/husband was solemnized as per their customs and rituals prevailing in their community at Shri Mahalingeshwar Basava-teerth Naganur on 10.07.2016. 1 For short, ‘CPC’ - 3 - HC-KAR NC: 2026:KHC-D:137 CP No. 100080 of 2025 5. The pleading and material available on record indicates that the petitioner/wife has filed M.C.No.18/2025 seeking for restitution of conjugal right under Section 9 of the Hindu Marriage Act of 19552, which is pending before the Senior Civil Judge, Banahatti. Similarly, the respondent/husband has filed petition in M.C.No.16/2025 seeking for dissolution of marriage under Section 13[1a][1b] of the Act of 1955, and the said proceeding is pending before the Principal Senior Civil Judge, Gokak. 6. The material available on record further indicates that the respondent is an agriculturist by occupation. The petitioner is residing with her parents at Banahatti, and has no independent source of income to travel and to attend the proceedings before the Gokak Court, where the respondent/Husband has initiated proceedings under Section 13[1a][1b] of Act, 1955, seeking dissolution of marriage. It is further stated that the petitioner has one minor child; therefore, it is very difficult for her to travel to Gokak and attend the proceedings before the Gokak Court. 2 For short, ‘Act of 1955’ - 4 - HC-KAR NC: 2026:KHC-D:137 CP No. 100080 of 2025 7. This Court, taking note of the likely inconvenience to the petitioner and the fact that she has no independent source of income to travel to Gokak, is of the considered view that it would be just and appropriate to transfer M.C No.16/2025 pending on the file of Principal Senior Civil Judge, Gokak, to the Court of the Senior Civil Judge and JMFC, Banahatti. 8. Hence, I proceed to pass the following order. ORDER i. The petition is allowed; ii. M.C.No.16/2025 pending on the file of Principal Senior Civil Judge, Gokak, is withdrawn from the said Court and transfered to the Court of Senior Civil Judge and JMFC, Banahatti, for trial in accordance with law. iii. No order as to cost. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE PMP /CT-AN List No.: 1 Sl No.: 47