SMT. BASAMMA ALIAS BHAVYA W/O RAMESH B K v. SRI. RAMESH B K S/O KAMALAKAR
CP/100243/2025 · 2026-01-07
Hanchate Sanjeevkumar
body2026
DailyLaw.ai
[ 2026 DAILYLAW 54032 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 54032 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC-D:148 CP No. 100243 of 2025
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 07TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR CIVIL PETITION NO.100243 OF 2025
BETWEEN:
SMT. BASAMMA @ BHAVYA W/O. RAMESH B. K., AGE: 29 YEARS, OCC: HOUSEHOLD WORK, R/O. DIVAKAR RAO, PAVAN BUILDING, MARPALLI, NANDAGOKUL, 1ST CROSS, UDUPI, PIN: 576103, CELL-7022318179.
…PETITIONER (BY SRI S. C. HIREMATH, ADVOCATE)
AND:
SRI RAMESH B. K. S/O. KAMALAKAR, AGE: 35 YEARS, OCC: PRIVATE SERVICE, R/O. H. NO.24, RANI CHANNAMMA NAGAR, NEAR K. E. BOARD SCHOOL, REVENUE COLONY, DHARWAD, PIN: 580008, CELL-9108518545.
…RESPONDENT (NOTICE TO RESPONDENT SERVED)
THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF THE CODE OF CIVIL PROCEDURE, PRAYING TO TRANSFER M.C.
NO.303/2025 PENDING ON THE FILE OF THE FAMILY COURT DHARWAD TO THE FAMILY COURT, UDUPI, IN THE INTEREST OF JUSTICE.
Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: High Court of Karnataka, Dharwad Bench
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HC-KAR NC: 2026:KHC-D:148 CP No. 100243 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 learned counsel appearing for the petitioner, the matter is taken up for final disposal.
2. This Civil Petition is filed by the respondent in M.C.No.303 of 2025 under Section 24 of the Code of Civil Procedure1 praying for transfer of the petition in M.C.No.303 of 2025 pending on the file of Family Court, Dharwad to the Family Court, Udupi.
3. The respondent herein has filed petition under Section 9 of the Hindu Marriage Act, 19552 for seeking conjugal rights before the Family Court, Dharwad, but the
1 hereinafter referred to as ‘the CPC’ for short 2 for short ‘the H.M. Act, 1955’
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HC-KAR NC: 2026:KHC-D:148 CP No. 100243 of 2025
petitioner is residing in Udupi; therefore, she is unable to attend the proceedings initiated at the Family Court, Dharwad on the dates of hearings, as the distance between Dharwad to Udupi nearly 400 Kilometers.
4. Further, the petitioner and respondent have a minor child and the child is with the petitioner/wife. Hence, the petitioner is unable to travel from Udupi to Dharwad for attending the proceedings at the Family Court, Dharwad along with her child. Therefore, it is necessary to transfer the petition in M.C.No.303 of 2025 pending on the file of the Family Court, Dharwad to the Family Court, Udupi. Therefore, the petition is liable to be allowed.
5. In the result, I proceed to pass the following:
ORDER i) The petition is allowed. ii) M.C.No.303 of 2025 pending on the file of Family Court, Dharwad is withdrawn from the
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HC-KAR NC: 2026:KHC-D:148 CP No. 100243 of 2025
said Court and transferred to the Family Court, Udupi, for trial in accordance with law. iii) No order as to costs.
Sd/- (HANCHATE SANJEEVKUMAR) JUDGE
SRA /CT-AN List No.: 1 Sl No.: 54