- 1 - HC-KAR NC: 2026:KHC-D:519 CP No. 100196 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.100196 OF 2025 BETWEEN: SMT. VIJAYALAXMI W/O. PRASHANT AKKIWATE, AGED 24 YEARS, OCC: HOUSEHOLD WORK AND LECTURER, R/O. KAGAWAD, NOW AT: C/O.SHANKAR TORAGAL, WARD NO.5, KATTI PLOT, MUDHOL, TQ. MUDHOL, DIST. BAGALKOT-591301. …PETITIONER (BY SRI SHIVANAND MALASHETTI, ADVOCATE) AND: SHRI PRASHANT S/O. VIJAYAKUMAR AKKIWATE, AGED 32 YEARS, OCC: ELECTRIC ENGINEER, R/O.498/2, GOUNDI GALLI, UGAR KURDH, KAGAWAD, TQ. KAGAWAD, DIST. BELAGAVI-590012. …RESPONDENT (BY SRI SANTOSH BIRANGI, ADVOCATE) THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF THE CODE OF CIVIL PROCEDURE, PRAYING TO TRANSFER THE M.C.NO.165/2024 PENDING ON THE FILE OF PRINCIPAL SENIOR CIVIL JUDGE COURT, ATHANI TO SENIOR CIVIL JUDGE AND JMFC AT MUDHOL BY ALLOWING THIS CIVIL PETITION 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:519 CP No. 100196 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.165/2024, pending on the file of Principal Senior Civil Judge Court, Athani to the Court of the Principal Senior Civil Judge and JMFC, Mudhol. 3. Heard the learned counsel appearing for the petitioner and respondent 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 18.08.2021 as per their customs and rituals prevailing in their community at 1 Hereinafter referred to as ‘CPC’ - 3 - HC-KAR NC: 2026:KHC-D:519 CP No. 100196 of 2025 Rameshawar Temple, Chikk Galagali village, Babaleshwar Taluk, Belagavi District. 5. The pleadings and material available on record indicates that the respondent/husband has filed M.C.No.165/2024 seeking dissolution of marriage under Section 13(1) (ib) of the Hindu Marriage Act of 1955, which is pending before the Court of Principal Senior Civil Judge Court, Athani. Whereas, the petitioner/wife has filed M.C.No.41/2024 seeking restitution of conjugal rights under Section 9 of Hindu Marriage Act, 1955, before the Principal Senior Civil Judge, Mudhol. 6. It is the case of the petitioner herein that she is residing at Mudhol in her parents’ house. She has filed M.C.No.41/2024 seeking restitution of conjugal rights under Section 9 of Hindu Marriage Act, 1955, before the Principal Senior Civil Judge, Mudhol. As a counterblast to the said petition, the respondent has filed M.C.No.165/2024 seeking dissolution of marriage under Section 13(1) (ib) of the Hindu Marriage Act of 1955, which is pending before the - 4 - HC-KAR NC: 2026:KHC-D:519 CP No. 100196 of 2025 Court of Principal Senior Civil Judge, Athani, after lapse of four months. Though the petitioner is working woman, being woman, it is very difficult her to travel and attend the proceedings before the Athani Court. 7. The respondent is an Electric engineer. This Court, taking note of the likely inconvenience to the petitioner/wife and the fact that the petitioner/wife is being a woman found difficulty to travel to Athani, is of the considered view that it would be just and appropriate to withdrawn the M.C No.165/2024 pending on the file of Principal Senior Civil Judge Court, Athani and transfer to the Principal Senior Civil Judge JMFC, Mudhol. 8. Hence, I proceed to pass the following order. ORDER i. The petition is allowed; ii. M.C.No.165/2024 pending on the file of Principal Senior Civil Judge, Athani, is withdrawn from the said Court and - 5 - HC-KAR NC: 2026:KHC-D:519 CP No. 100196 of 2025 transferred to the Court of Principal Senior Civil Judge and JMFC, Mudhol, for trial, in accordance with law. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE ASN /CT-AN List No.: 1 Sl No.: 62