Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC-D:308 CP No. 100100 of 2025
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 12TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR CIVIL PETITION NO.100100 OF 2025 BETWEEN:
SMT. KAVITA W/O. RAMESH CHAKRAVARTI @ HARIJAN, AGE: 48 YEARS, OCC: HOUSEHOLD, R/O. C/O. SUBHAS TIMMANNAVAR, UDAY HOUSING COLONY (WEST), HAVERI-581110.
NOW AT: SUNIL PRAJWAL KELAGERI, ANJANEYA NAGAR, 8TH CROSS, KELAGERI-DHARWAD-580007. …PETITIONER (BY SRI VIDYASHANKAR G. DALWAI, ADVOCATE.)
AND:
SHRI RAMESH S/O. KARIYAPPA CHAKRAVARTI @ HARIJAN, AGE: 43 YEARS, OCC: JOB, R/O. SHISHUNAAL GRAM, POST. SHISHUNAAL, TQ. SHIGGAON, DIST. HAVERI-581205. …RESPONDENT (BY SRI M. A. PATHAN AND SRI A. M. SHALIBAN, ADVOCATES.)
THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CODE OF CIVIL PROCEDURE, 1908, PRAYING TO WITHDRAW AND TRANSFER OF M.C.NO.259/2024 WHICH IS PENDING ON THE FILE OF LEARNED FAMILY COURT, DHARWAD TO THE COURT OF THE PRINCIPAL JUDGE FAMILY COURT, HAVERI, 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
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HC-KAR NC: 2026:KHC-D:308 CP No. 100100 of 2025
ORAL ORDER (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR)
Though the matter 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, 1908, praying to withdraw and transfer the case in M.C.No.259/2024, pending on the file of Family Court, Dharwad to the Court of Family Court, Haveri.
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 on 23.04.2008 as per their customs and rituals prevailing in their community at Sheshunaal village of Shiggaon taluk, Haveri district.
5. The pleading and material available on record indicates that the respondent/husband has filed
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HC-KAR NC: 2026:KHC-D:308 CP No. 100100 of 2025
M.C.No.259/2024 seeking for dissolution of marriage under Section 13(1)(ia)(ib) of the Hindu Marriage Act of 1955, which is pending before the Court of Family Court, Dharwad.
6. It is the case of the petitioner herein that the petitioner is residing at Haveri along with her girl child in her parents’ house. The petitioner being women has no independent source of income to travel and to attend the proceedings before the Dharward Court.
7. The respondent is a school teacher. This Court, taking note of the likely inconvenience to the petitioner/wife and the fact that the petitioner/wife is being women has no independent source of income to travel to Dharwad, is of the considered view that it would be just and appropriate to withdrawn the M.C No.259/2024 pending on the file of Family Court, Dharwad and transfer to the Court of Family Court Haveri.
8. Hence, I proceed to pass the following order.
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HC-KAR NC: 2026:KHC-D:308 CP No. 100100 of 2025
ORDER i. The petition is allowed; ii. M.C.No.259/2024 pending on the file of Family Court, Dharwad, is withdrawn from the said Court and transferred to the Court of Family Court Haveri, for trial, in accordance with law.
Sd/- (HANCHATE SANJEEVKUMAR) JUDGE
ASN /CT-AN List No.: 1 Sl No.: 42