Research › Search › Judgment

High Court of Karnataka · body

2026 DAILYLAW 53421 (KAR)

SMT VEENA W/O BASAVARAJA v. SHRI BASAVARAJ URF BASAYYA S/O SHIVAYYA PURANIKMATH

CP/100178/2025 · 2026-01-20

Hanchate Sanjeevkumar

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC-D:630 CP No. 100178 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 20TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR CIVIL PETITION NO.100178 OF 2025 BETWEEN: SMT. VEENA W/O. BASAVARAJA URF BASAYYA PURANIKMATH, AGE: 33 YEARS, OCC: HOUSEHOLD WORK, R/O. KALLUR, TQ. AND DIST. GADAG, NOW AT: C/O. SHIVANANDAYYA HIREMATH SHINGAPUR VILLAGE, TQ. SHIGGAON, DIST. HAVERI-581203 …PETITIONER (BY SRI SHIVAPPA UMESH GODDEMMI, ADVOCATE.) AND: SHRI BASAVARAJ URF BASAYYA S/O. SHIVAYYA PURANIKMATH, AGE: 33 YEARS, OCC: AGRICULTURE, R/O. KALLUR, PO CHINCHALI, TQ. AND DIST. GADAG-582117. …RESPONDENT (NOTICE SERVED, UNREPRESENTED.) THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF THE CODE OF CIVIL PROCEDURE, 1908, PRAYING TO TRANSFER M.C.NO.94/2025, PENDING ON THE FILE OF PRINCIPAL FAMILY COURT, GADAG, TO COURT OF SENIOR CIVIL JUDGE AND JMFC, SHIGGAON, 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:630 CP No. 100178 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) The petitioner/wife has filed this petition under Section 24 of the Civil Procedure Code, 1908, for seeking transfer of a case in M.C.No.94/2025, pending on the file of Principal Family Court, Gadag, to the Court of Senior Civil Judge and JMFC, Shiggaon in Haveri district. 2. The respondent herein being husband of the petitioner has filed petition in M.C.No.94/2025, under Section 9 of the Hindu Marriage Act, 1955, for restitution of conjugal rights, before the Family Court at Gadag. 3. The petitioner is residing at Shingapur village in Shiggaon taluk of Haveri district. She is a homemaker without having any source of income. The respondent/husband is an agriculturist by profession. Therefore, he is having income. The petitioner being a woman is facing difficulty to travel from Shiggaon to Gadag to attend the Court case. Whereas, the respondent/husband - 3 - HC-KAR NC: 2026:KHC-D:630 CP No. 100178 of 2025 is able to travel from Gadag to Shiggaon. Hence, the petition is liable to be allowed. Accordingly, I proceed to pass the following: ORDER i) The petition is allowed. ii) The case in M.C.No.94/2025, pending on the file of I Additional Principal Judge, Family Court, Gadag, is transferred to the Court of Senior Civil Judge and JMFC, Shiggaon, in Haveri district, for disposal in accordance with law. iii) No order as to costs. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE MRK CT-AN List No.: 1 Sl No.: 62