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2026 DAILYLAW 53361 (KAR)

BASAVARAJ S/O SOMAPPA HUGGI v. SMT DEEPARANI K.N W/O BASAVARAJ HUGGI

CP/100169/2025 · 2026-01-07

Hanchate Sanjeevkumar

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC-D:147 CP No. 100169 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.100169 OF 2025 BETWEEN: BASAVARAJ S/O. SOMAPPA HUGGI, AGE: 39 YEARS, OCC: SERVICE, R/O. DEVANAL KALADGI, TALUK: AND DISTRICT: BAGALKOT. …PETITIONER (BY SRI ANKIT R. DESAI, ADVOCATE.) AND: SMT. DEEPARANI K. N. W/O. BASAVARAJ HUGGI, AGED 32 YEARS, OCC: PRIVATE SERVICE, R/O. RENUKAMMA, AT. POST. KAGINALLI, TQ. SHIKARIPUR, DIST. SHIVAMOGGA. …RESPONDENT (BY SRI N. G. PARAMESHWARAPPA, ADVOCATE) THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CODE OF CIVIL PROCEDURE, PRAYING TO PASS AN ORDER TRANSFERRING M.C.NO.55/2025 PENDING ON THE FILE OF FAMILY COURT, DAVANAGERE TO THE PRL. JUDGE FAMILY COURT BAGALKOT AND ETC. Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2026:KHC-D:147 CP No. 100169 of 2025 THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) Though the petition is listed for admission, with the consent of both the learned counsels appearing for the parties, the matter is taken up for final disposal. 2. This Civil Petition is filed by the petitioner in M.C.No.55 of 2025 under Section 24 of Code of Civil Procedure, 19081, praying for transfer of the petition in M.C.No.55/2025 pending on the file of Principal Judge, Family Court, Davanagere, to the Court of the Principal Judge, District Family Court, Bagalkot. 3. It is undisputed fact that the relationship between the petitioner and the respondent is that of husband and wife respectively, as such their marriage was solemnized on 07.02.2022 as per their customs and rituals. 1 for short ‘the CPC’ - 3 - HC-KAR NC: 2026:KHC-D:147 CP No. 100169 of 2025 The petitioner herein has filed a petition in M.C.No.26 of 2023 under Section 9 of the Hindu Marriage Act, 19552 on the file of the Principal Judge, District Family Court, Bagalkot, against the respondent herein. 4. The respondent herein has filed civil petition in C.P.No.100202 of 2023 before this Court under Section 24 of CPC, praying to transfer the case from Principal Judge, Family Court, Bagalkot, to the Court of Principal Judge, Family Court at Davanagere, and the C.P.No.100202 of 2023 was allowed on 12.11.2024 and the case was transferred from the Principal Judge, Family Court, Bagalkot, to the Principal Judge, Family Court, Davanagere. After transferring the case to the Principal Judge, Family Court, Davanagere, the petition was re-numbered as M.C.No.55/2025. 5. Now, the petitioner/husband has filed present petition under Section 24 of CPC praying to transfer 2 hereinafter referred to as ‘the H.M. Act, 1955’ for short - 4 - HC-KAR NC: 2026:KHC-D:147 CP No. 100169 of 2025 M.C.No.55 of 2025 from the Prinicpal Judge, Family Court, Davanagere, to the Principal Judge, District Family Court, Bagalkot. 6. Learned counsel appearing on behalf of the petitioner/husband submitted that when the petitioner had been to attend the case at Davanagere Family Court in M.C.No.55 of 2025, the family members of the respondent attempted to assault him physically and therefore, in this regard, the petitioner has lodged a complaint before the Police; hence, it is submitted that there is a threat to the life of the petitioner if he goes to the Family Court at Davanagere. Therefore, he prays for transfer of the case from the Principal Judge, Family Court at Davanagere, to the Principal Judge, District Family Court, Bagalkot. 7. Upon considering the status of the parties, it is not difficult for the petitioner to attend the proceedings initiated at the Family Court, Davanagere. Whereas, the - 5 - HC-KAR NC: 2026:KHC-D:147 CP No. 100169 of 2025 respondent being the wife finds difficulty in attending the Principal Judge, District Family Court at Bagalkot. 8. This Court, in C.P.No.100202 of 2023 on 12.11.2024, has ordered the transfer of the case in M.C.No.26 of 2023 from the Principal Judge, Family Court, Bagalakot to the Court of the Principal Judge, Family Court, Davanagere. Therefore, there is no need to make any modification in the order passed by this Court in C.P.No.100202 of 2023 dated 12.11.2024. Hence, the petition is liable to be dismissed. 9. Accordingly, the Civil Petition is dismissed. 10. However, considering the submissions made by the learned counsel appearing for the petitioner/husband that if there is any threat to the petitioner to attend the case at Principal Family Court, Davanagere, by any of the family members of the respondent, then he may make appropriate application before the Family Court, Davanagere, for police protection enabling the petitioner to - 6 - HC-KAR NC: 2026:KHC-D:147 CP No. 100169 of 2025 attend the Court of Principal Judge, Family Court, Davanagere. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE SRA /CT-AN List No.: 1 Sl No.: 50