- 1 - HC-KAR NC: 2026:KHC-D:85 CP No. 100215 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 06TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR CIVIL PETITION NO.100215 OF 2025 BETWEEN: SMT. JAYANTI @ J. V. SHETHA W/O. SURESH @ SURESH N., AGE: 55 YEARS, OCC: PRIMARY SCHOOL ASSISTANT MASTER/MISTRESS, R/O. WARD NO.5, BANK COLONY, BADAMI, TQ. BADAMI, DIST. BAGALKOTE-587201. …PETITIONER (BY SRI SHIVRAJ S. BALLOLI, ADVOCATE.) AND: SHRI SURESH @ SURESH N. S/O. NAGARAJ SHET, AGE: 59 YEARS, OCC: AGRICULTURE, R/O. SIDDARA COLONY, HUNASAKATTE JUNCTION, PRESENTLY RESIDING AT: “RENUKA NILAYA”, 1ST CROSS, PANCHAVATI COLONY, SHIVAMOGGA, TQ. & DIST. SHIVAMOGGA-577202. …RESPONDENT (BY SRI A. N. PHANI BHOOSHAN, ADVOCATE.) THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF THE CODE OF CIVIL PROCEDURE, 1908, PRAYING TO ALLOW THE CIVIL PETITION AND TRANSFER THE M.C.NO.315/2025 NOW PENDING ON THE FILE OF THE LEARNED FAMILY COURT, SHIVAMOGGA TO LEARNED SENIOR CIVIL JUDGE, BADAMI AND ETC. Digitally signed by SAMREEN AYUB DESHNUR Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2026:KHC-D:85 CP No. 100215 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) Though the petition is listed for admission, with the consent of both the learned counsels appearing for the parties, the matter is taken up for final disposal. 2. This Civil Petition is filed by the respondent in M.C.No.315/2025 under Section 24 of the Code of Civil Procedure, 19081, praying for transfer of the petition in M.C.No.315/2025 pending on the file of Family Court, Shivamogga to the Court of Senior Civil Judge, Badami. 3. It is undisputed fact that the relationship between the petitioner and the respondent is wife and husband respectively, as such their marriage was solemnized on 03.12.1992 as per their customs and rites of their community. Out of wedlock, a male child was born and now is 31 years old. The respondent herein has filed 1 hereinafter referred to as ‘the CPC’ for short - 3 - HC-KAR NC: 2026:KHC-D:85 CP No. 100215 of 2025 petition before the Family Court at Shivamogga under Section 13 (1) (ia)(ib) of the Hindu Marriage Act, 19552, for dissolution of marriage on the ground that his wife has not joined matrimonial home, which is in Shivamogga after getting the job. Hence, the respondent herein has filed petition for dissolution of marriage in M.C.No.315/2025 before the Family Court, Shivamogga. 4. It is stated that the wife has secured a Government Job in the month of May 1997 in Badami Taluk, Bagalakot District and presently working as Primary School Assistant Master/Mistress in Government Higher Primary School at Thatakoti and earning salary, which is sufficient to lead moderate life. Therefore, after getting the job she has not joined the matrimonial home of the husband. Hence, filed petition for dissolution of marriage on the file of Family Court at Shivamogga. 2 for short ‘the Act, 1955’ - 4 - HC-KAR NC: 2026:KHC-D:85 CP No. 100215 of 2025 5. It is stated that the respondent/husband is an agriculturist. The petitioner/wife though working as a Primary Assistant Master/Mistress, but it is difficulty for her to travel and attend the proceedings initiated at Family Court, Shivamogga. Whereas, the respondent/husband is an agriculturist having lands; therefore, it is not difficulty for him to travel from Shivamogga to Badami to attend the case. Hence, upon considering all these factors, the Civil Petition is liable to be allowed by transferring the case from Family Court, Shivamogga to the Court of Senior Civil Judge, Badami. 6. In the result, I proceed to pass the following: ORDER i. The civil petition is allowed. ii. M.C.No.315/2025 pending on the file of Family Court, Shivamogga is withdrawn from the said Court and made over to the Court of Senior Civil - 5 - HC-KAR NC: 2026:KHC-D:85 CP No. 100215 of 2025 Judge, Badami, for trial in accordance with law. iii. No order as to costs. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE SRA /CT-AN List No.: 1 Sl No.: 38