- 1 - HC-KAR NC: 2026:KHC-D:193 CP No. 100201 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 08TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR CIVIL PETITION NO.100201 OF 2025 BETWEEN: SMT. RAMYA W/O. RAVINDRA MALAGIKAR, AGE: 45 YEARS, OCC: HOUSEWIFE, R/O. C/O. SHIVAPPA KANNAVAR, POST. KODIHALLI, POST. MALLAPUR, TQ. SORAB, DIST. SHIVAMOGGA, PINCODE: 577449. …PETITIONER (BY SRI NAGARAJ C. KOLLOORI AND SRI MALLIKARJUN B. MADANALLI, ADVOCATES) AND: RAVINDRA S/O. MASTEPPA MALAGIKAR, AGE: 55 YEARS, OCC: GOVERNMENT SERVANT, R/O. MALAGI, POST. MALAGI, TQ. MUNDAGOD, DIST. UTTAR KANNADA, PINCODE: 581349. …RESPONDENT (NOTICE TO RESPONDENT SERVED) THIS CIVIL PETITION IS FILED UNDER SECTION 24 THE CODE OF CIVIL PROCEDURE, PRAYING TO PASS AN ORDER TRANSFERRING THE M.C.NO.68/2023 WHICH IS FILED BY THE RESPONDENT IS PENDING ON THE FILE OF SENIOR CIVIL JUDGE AND PRL. JMFC COURT, YELLAPUR CAN BE TRANSFERRED TO ADDITIONAL CIVIL JUDGE AND JMFC, SORABA, 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:193 CP No. 100201 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) Though the matter is listed for admission, with the consent of learned counsel appearing for the petitioner, it is taken up for final disposal. 2. This petition is filed under Section 24 of Code of Civil Procedure, 19081, seeking to transfer M.C.No.68/2023 pending on the file of Senior Civil Judge and Principal JMFC Court, Yellapur, to the Court of Additional Civil Judge and JMFC Court, Soraba. 3. Learned counsel for the petitioner submits that the petitioner is residing with her parents at Kodihalli village of Sorab taluk and has no independent source of income, and she has the care and custody of two children born in the wedlock. Therefore, it would be difficult for her to travel and attend the proceedings at the Yellapur Court. Hence, learned counsel for the petitioner seeks to allow the petition. 4. Though the notice of this petition was served on the respondent, he remained absent. 1 For short, ‘CPC’ - 3 - HC-KAR NC: 2026:KHC-D:193 CP No. 100201 of 2025 5. Heard the learned counsel appearing for the petitioner and perused the material placed on record. 6. It is undisputed fact that the petitioner is residing with her parents at Kodihalli village of Sorab taluk, and has no independent source of income to travel and attend the proceedings before the Yellapur Court, where the respondent/Husband has initiated proceedings under Section 13[ia][ib] of Act, 1955, seeking dissolution of marriage. It is further stated that the petitioner has two children; therefore, it is very difficult for her to travel and attend the proceedings before the Yellapur Court. 7. The parties to the proceedings do not dispute that the marriage between the petitioner and the respondent was solemnized as per their customs and rituals on 12.05.2006. The pleading and material available on record indicate that the petitioner and respondent are started residing separately due to marital disputes. The records indicate that the respondent/husband has filed petition in M.C.No.68/2023 seeking for dissolution of marriage, which is pending before the Senior Civil Jude and Principal JMFC Court, Yellapur. Similarly, - 4 - HC-KAR NC: 2026:KHC-D:193 CP No. 100201 of 2025 the petitioner/wife, who is residing with her parents at Kodihalli village of Sorab taluk, has filed M.C.No.59/2024 seeking maintenance, and the said proceeding is pending before the Additional Civil Judge and JMFC Court, Soraba. 8. This Court keeping in mind the place of residence of the petitioner and also keeping in mind that she is having a care and custody of two children and also pendency of M.C.No.59/2024, is of the considered view that it would be just and appropriate to allow the petition. 9. Hence, I proceed to pass the following: ORDER a) Civil Petition stands allowed. b) M.C.No.68/2023 now pending before the Senior Civil Judge and Principal JMFC Court, Yellapur, is withdrawn from the file of the said Court and transferred to the Court of Senior Civil Judge and JMFC Court, Soraba, for trial in accordance with law. - 5 - HC-KAR NC: 2026:KHC-D:193 CP No. 100201 of 2025 c) No order as to cost. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE PMP /CT-AN List No.: 1 Sl No.: 24