- 1 - HC-KAR NC: 2026:KHC-D:406 CP No. 100204 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 14TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR CIVIL PETITION NO.100204 OF 2025 BETWEEN: SMT. SUMA BYAHATTI @ KHUSHI, W/O. VINAY H. TURAYI, AGE: ABOUT 30 YEARS, OCC: HOMEMAKER, R/O. HOUSE NO.187, 1ST FLOOR, BASAVANAGAR 6TH CROSS, CHEDKE PLOT, ANAND NAGAR, WARD NO.39, HUBBALLI-580023. …PETITIONER (BY SRI SACHIN C. ANGADI, ADVOCATE.) AND: VINAY H. TURAYI S/O. H.Y.TURAYI, AGE: ABOUT 35 YEARS, OCC: AGRICULTURE AS PER TRIAL COURT PETITION (BUSINESS), R/O. 1008, SHREE DEVIK NILAY, NEAR KHADIKENDRA, NITTUVALLI, HOSABADAVANE, DAVANAGERE, DIST: DAVANAGERE-577004. …RESPONDENT (NOTICE TO RESPONDENT IS SERVED.) THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CODE OF CIVIL PROCEDURE, 1908, PRAYING TO TRANSFER THE CASE IN M.C.NO.328/2025, PENDING BEFORE THE JUDGE, FAMILY COURT, DAVANAGERE TO THE COURT OF PRINCIPAL JUDGE, FAMILY COURT, HUBBALLI, IN THE INTEREST OF JUSTICE AND ETC.,. Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2026:KHC-D:406 CP No. 100204 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) 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.328/2025, pending on the file of Judge, Family Court, Davangere, to the Court of Principal Judge, Family Court, Hubballi. 2. The respondent herein being husband of the petitioner has filed petition in M.C.No.328/2025, under Section 9 of the Hindu Marriage Act, 1955, for restitution of conjugal rights, before the Family Court at Davangere. 3. The petitioner is residing in HUbballi. 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 Hubballi to Davanagere to attend the Court case. Whereas, the - 3 - HC-KAR NC: 2026:KHC-D:406 CP No. 100204 of 2025 respondent/husband is able to travel from Davanagere to Hubballi. 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.328/2025, pending on the file of Judge, Family Court, Davangere, is transferred to the Court of Principal Judge, Family Court, Hubballi, for disposal in accordance with law. iii) No order as to costs. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE MRK CT-AN List No.: 1 Sl No.: 36