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CDJ 2026 Kar HC 991 My Notes print Preview print print
Court : High Court of Karnataka (Circuit Bench At Dharwad)
Case No : Civil Petition No. 100242 Of 2025
Judges: THE HONOURABLE MR. JUSTICE B. MURALIDHARA PAI
Parties : Jyoti Versus Umesh
Appearing Advocates : For the Petitioner: Kotresh V. Hubballi, Advocate. For the Respondent: Amogh B. Joshi, Sneha Katti, Advocates.
Date of Judgment : 13-08-2026
Head Note :-
Civil Procedure Code - Section 24 -

Comparative Citation:
2026 KHC-D 12562,
Judgment :-

(Prayer: This Civil Petition is filed under Section 24 of CPC., praying to withdraw M.C.No.250/2025 pending on the file of the Principal Judge, Family Court, Dharwad and transfer the same for trial and disposal to the Principal Senior Civil Judge Court, Hangal. to any other appropriate order or directions that this Hon'ble Court deems just and proper in the circumstances of the case may please be passed in the interest of justice and equity.)

Oral Order

1. Heard learned Counsel for Petitioner and learned Counsel for Respondent.

2. The petitioner is the wife of the respondent.

3. This petition is filed under Section 24 of CPC praying to withdraw M.C.No.250/2025 pending on the file of learned Principal Judge, Family Court, Dharwad and to transfer the same to the court of learned Principal Senior Civil Judge at Hangal.

4. The respondent has maintained M.C.No.250/2025 against the petitioner on the file of learned Principal Judge, Family Court, Dharwad seeking dissolution of marriage. The petitioner is seeking transfer of the said case from Dharwad to Hangal on the ground that she is presently residing at Hangal along with her parents' and that Dharwad is at a distance of 93 Kms., from her place of residence. She states that she has no income of her own and she is dependent on her elder brother for any kind of financial assistance. She also states that she has the responsibility of looking after her two children who are of tender age. Hence, she prays to allow the petition by taking into consideration the lack of adequate public transport facility from Hangal to Dharwad and other inconvenience faced by her.

5. Learned Counsel for Respondent submits that Dharwad Rural Police have registered a case against the petitioner herein and another based on the complaint lodged by the respondent and that, on filing of a charge the jurisdictional court has registered a case in CC No.2093/2025 against them for the offences punishable under Section 351(2) read with Section 3(5) of BNS. He stated that the said case is pending before the Court of learned IV Additional Senior Civil Judge and JMFC, Dharwad and submitted that no hardship or inconvenience would be caused to the petitioner in attending the proceeding before Dharwad Court.

6. Per contra, learned Counsel for the Petitioner submitted that the respondent had filed one more petition in G and WC No.8/2025 before the Court of learned Principal Judge, Family Court, Dharwad seeking custody of minor children and that in the said petition concerned court passed an order on 28.07.2026 for return of the petition on the ground of lack of jurisdiction as the children are residing at Tiluvalli Village of Hangal Taluk.

7. According to the petitioner the respondent is working as a teacher and he has got independent income, whereas, she is dependent on her brother for any kind of financial assistance. The said contention of the petitioner is not seriously disputed by the respondent. Further, the materials on record indicate that the petitioner and her children have maintained Crl. Misc. No.63/2025 against the respondent on the file of learned Civil Judge and JMFC, Hangal, claiming maintenance. The averments in the said petition give an impression that the respondent is not paying any amount to the petitioner and her children for their maintenance. In the above circumstances, it is to be held that the petitioner has got financial difficulties of meeting the traveling expenses and other expenses of attending the proceeding before the court at Dharwad. Further, the petitioner has the responsibility of taking care of her two children of tender age.

8. No doubt the materials placed on record indicate that the petitioner is an accused in CC No.2093/2025 pending on the file of learned IV Additional Senior Civil Judge and JMFC, Dharwad. However, the said aspect cannot be a ground to reject the present petition. Thus, on careful consideration of relevant materials, this Court holds that the petitioner has made out valid grounds to allow the petition.

9. In the result, this court proceeds to pass the following:

ORDER

          (i) The Civil Petition is allowed.

          (ii) The proceeding in M.C.No.250/2025 pending on the file of learned Principal Judge, Family Court, Dharwad is withdrawn and transferred to the Court of learned Principal Senior Civil Judge, Hangal, for its disposal in accordance with law.

          (iii) The parties are directed to appear before the Court of learned Principal Senior Civil Judge, Hangal, on 07.09.2026 at 11.00 a.m to take notice of further proceeding in transferred petition.

          (iv) Office is directed to communicate the order to the concerned courts, forthwith.
 
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