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2026 DAILYLAW 53416 (KAR)

SMT RENUKA W/O MANJUNATH BHAJANTRI v. SHRI MANJUNATH S/O BASAPPA BHAJANTRI

CP/100177/2025 · 2026-01-19

Hanchate Sanjeevkumar

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC-D:520 CP No. 100177 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 19TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR CIVIL PETITION NO. 100177 OF 2025 BETWEEN: SMT. RENUKA W/O. MANJUNATH BHAJANTRI, AGE: 36 YEARS, OCC: HOUSEHOLD, R/AT: SAUNSHI, TQ. KUNDGOL, DIST. DHARWAD, PIN CODE-581117. …PETITIONER (BY SRI MANJUNATH B. MALAGI, ADVOCATE) AND: SHRI MANJUNATH S/O. BASAPPA BHAJANTRI, AGE: 34 YEARS, OCC: BUSINESS, (SHAHANAI ARTIST), R/AT: CHINCHAWAD VILLAGE, POST. LINGANMATH, TQ. KHANAPUR, DIST. BELAGAVI, PINCODE-591106. …RESPONDENT (NOTICE TO RESPONDENT IS SERVED) THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF THE CODE OF CIVIL PROCEDURE, PRAYING TO TRANSFER THE M.C. NO.106/2023 AS PENDING BEFORE THE HON’BLE COURT OF SENIOR CIVIL JUDGE AT KHANAPUR TO THE HON’BLE PRINCIPAL SENIOR CIVIL JUDGE AND J.M.F.C. KUNDGOL AT KUNDGOL AND DIRECT TO DISPOSE OF THE CASE ON MERITS IN ACCORDANCE WITH LAW, 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:520 CP No. 100177 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, 19081, praying to withdraw and transfer the case in M.C.No.106/2023, pending on the file of Senior Civil Judge Court, Khanapur to the Court of the Principal Senior Civil Judge and JMFC, Kundgol. 3. Heard the learned counsel appearing for the petitioner perused the material available on record. 4. It is stated that the marriage between the petitioner/wife and the respondent/husband was solemnized on 17.12.2020 as per their customs and rituals prevailing in their community at Shri P PU Trividha Dsoha Sri Basavanna Ajjannavar Kalyanpur Kundgol. 1 Hereinafter referred to as ‘CPC’ - 3 - HC-KAR NC: 2026:KHC-D:520 CP No. 100177 of 2025 5. The pleadings and material available on record indicate that the petitioner/wife filed a petition under Section 12 of the Protection of Women from Domestic Violence Act, 2005, before the Civil Judge and JMFC, Kundgol, in Crl.Misc.No.62/2023. The petitioner and the respondent jointly filed a memo seeking withdrawal of the said criminal miscellaneous petition, wherein the petitioner agreed to lead a happy married life. However, the petitioner postponed joining the company of the respondent. Subsequently, the respondent/husband filed M.C.No. 106/2023 seeking dissolution of marriage under Section 13(1)(ia) of the Hindu Marriage Act, before the Senior Civil Judge, Khanapur. 6. It is the case of the petitioner herein that the respondent/husband has filed the petition with an ulterior motive solely to harass the petitioner/wife. She is residing at Kundgol in her parents’ house. The petitioner is a housewife without any source of income, and being a - 4 - HC-KAR NC: 2026:KHC-D:520 CP No. 100177 of 2025 woman, it is very difficult for her to travel and attend the proceedings before the Khanapur Court. 7. Be that as it may, this Court, taking note of the likely inconvenience to the petitioner/wife and the fact that the petitioner/wife is being a woman and without any source of income, making it difficult for her to travel to Khanapur, is of the considered view that it would be just and appropriate to withdrawn the M.C No.106/2023 pending on the file of Senior Civil Judge Court, Khanapur and transfer the same to the Court of the Principal Senior Civil Judge JMFC, Kundgol. 8. Hence, I proceed to pass the following order. ORDER i. The petition is allowed; ii. M.C.No.106/2023 pending on the file of Senior Civil Judge, Khanapur, is withdrawn from the said Court and transferred to the Court of Principal Senior Civil Judge and - 5 - HC-KAR NC: 2026:KHC-D:520 CP No. 100177 of 2025 JMFC, Kundgol, for trial, in accordance with law. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE ASN /CT-AN List No.: 1 Sl No.: 61