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2026 DAILYLAW 53836 (KAR)

SMT. VIDYASHREE ALIAS VIDYA W/O SANGAMESH YAXMBI v. SHRI SANGAMESH S/O BASAVARAJ YAXMBI

CP/100238/2025 · 2026-01-08

Hanchate Sanjeevkumar

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC-D:168 CP No. 100238 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 8TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR CIVIL PETITION NO.100238 OF 2025 BETWEEN: SMT. VIDYASHREE @ VIDYA W/O. SANGAMESH YAXMBI, AGE: 30 YEARS, OCC: PRIVATE TEACHER, R/O. KULAGOD, TQ. MUDALAGI, DIST. BELAGAVI, NOW AT C/O. GURAPPA S/O. GYANAPPA HACCHOLLI, AT. BEVOOR, TQ. & DIST. BAGALKOT-587115. …PETITIONER (BY SRI HARISH S. MAIGUR, ADVOCATE) AND: SHRI SANGAMESH S/O. BASAVARAJ YAXMBI, AGE: 38 YEARS, OCC: AGRICULTURE, R/O. KULAGOD (SHOP ROAD), TQ. MUDALAGI, DIST. BELAGAVI-591310. …RESPONDENT (NOTICE TO RESPONDENT HELD SUFFICIENT) THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF THE CODE OF CIVIL PROCEDURE, PRAYING TO ALLOW THE CIVIL PETITION BY WITHDRAWING THE M.C.NO.121/2025 ON THE FILE OF I ADDL. SR. C.J.GOKAK TO FAMILY COURT, BAGALKOT, FOR ADJUDICATION OF THE MATTER, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS PETITION, COMING ON FOR ORDERS, 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:168 CP No. 100238 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) This petition is filed under Section 24 of the Code of Civil Procedure, 1908, praying to transfer the case in M.C.No.121/2025, pending on the file of I Additional Senior Civil Judge, Gokak to the Court of Family Court, Bagalkot. 2. Heard the learned counsel appearing for the petitioner and perused the material available on record. 3. The parties to the proceedings do not dispute that the marriage between the petitioner/wife and the respondent/husband was solemnized as per their customs and rituals prevailing in their community at Laxmi Venkateshwara Temple, Kallahalli, Jamakhandi taluk, and District Bagalkot on 24.05.2023. 4. The pleading and material available on record indicates that the respondent/husband has filed M.C.No.121/2025 seeking for dissolution of marriage under Section 13(1)(ia)(ib) of the Hindu Marriage Act of 1955, - 3 - HC-KAR NC: 2026:KHC-D:168 CP No. 100238 of 2025 which is pending before the Court of I Additional Senior Civil Judge, Gokak. 5. The material available on record further indicates that the petitioner is residing in Bavoor village Bagalkot taluka, and has no independent source of income to travel and to attend the proceedings before the Gokak Court. The respondent/husband is agriculturist by profession. 6. This Court, taking note of the likely inconvenience to the petitioner/wife and the fact that the petitioner/wife is being woman has no independent source of income to travel to Gokak, is of the considered view that it would be just and appropriate to withdrawn the M.C No.121/2025 pending on the file of I Additional Principal Senior Civil Judge, Gokak and transfer to the Court of Family Court Bagalkot. 7. Hence, I proceed to pass the following order. - 4 - HC-KAR NC: 2026:KHC-D:168 CP No. 100238 of 2025 ORDER i. The petition is allowed; ii. M.C.No.121/2025 pending on the file of I Additional Principal Senior Civil Judge, Gokak, is withdrawn from the said Court and transferred to the Court of Family Court Bagalkot, for trial, in accordance with law. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE ASN /CT-AN List No.: 1 Sl No.: 2