IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12^TH DAY OF JANUARY, 2024 BEFORE THE HON'BLE MR JUSTICE C.M. POONACHA CIVIL PETITION NO. 201 OF 2021 BETWEEN:

1. SMT KUSUMA K H D/O HANUMANTHAPPA K T, W/O NAGESH HANUMANTH GOSBAL, AGED AOUT 35 YEARS, R/AT THURCHAGHATTA VILLAGE, BELAVANURU POST, DAVANAGERE TALUK AND DIST-577002 …PETITIONER (BY SRI. HAREESH BHANDARY T., ADVOCATE)

AND:

1. SRI NAGESH HANUMANTH GOSBAL S/O HANUMANTHAPPA GOSBAL, AGED ABOUT 42 YEARS, R/AT PURADA ONI, HAVERI, HAVERI TQ AND DISTRICT-588102 …RESPONDENT Digitally (RESPONDENT SERVED)

signed by BHARATHI S Location: THIS CIVIL PETITION IS FILED UNDER SEC.24 OF CPC, HIGH COURT OF PRAYING TO WITHDRAW THE M.C.NO. 52/2019 PENDING BEFORE KARNATAKA THE ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, HAVERI AND RENUMBERED AS M.C.NO. 100/2020 BEFORE THE FAMILY COURT, HAVERI AND TRASNFER THE SAID CASE TO THE COURT OF THE FAMILY JUDGE AT DAVANAGERE AND GRANT SUCH OTHER RELIEF/S AS IT MAY DEEM FIT TO GRANT TO THIS HON'BLE COURT IN THE FACTS AND CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE.

THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:

ORDER

The present petition is filed seeking for transfer of MC No.52/2019 pending on the file of the Additional Senior Civil Judge and JMFC, Haveri, which is transferred and renumbered as MC No.100/2020 and now pending on the file of Family Court, Haveri to the Court of the Family Judge at Davanagere.

2. For the sake of convenience, the parties herein are referred to as per their relationship.

3. The relevant facts necessary for consideration of the present petition are that the marriage between the parties was solemnized on 6.5.2007, consequent to which the parties resided together at their matrimonial home. That two children born to the parties from their wedlock. That due to various reasons the parties have been residing separately since the year 2019.

4. The respondent - husband has filed MC No.52/2019 on the file of the Additional Senior Civil Judge and JMFC, Haveri under Section 13(1)(1a) and (1b) of the Hindu Marriage Act, 1955 seeking for decree of divorce, which is transferred and renumbered as MC No.100/2020 and now pending on the file of Family Court, Haveri. The petitioner wife and children have filed Crl.Misc.No.412/2019 under Section 125 of the Criminal Procedure Code, 1973 on the file of Family Court, Davanagere, seeking for maintenance. Seeking for transfer of MC No.100/2020, the wife has filed the present petition.

5. Learned counsel for the petitioner/wife submits that the husband is not residing at Haveri having regard to the fact that he is a teacher who is currently posted at a Government High School at Gokak. He further submits that the children of the parties are pursuing their education at Davanagere and that it will be very difficult for the wife to travel to Haveri which is nearly 75 kms., away for the purpose of contesting the proceedings initiated by the husband. Hence, he seeks for allowing of the present petition and granting of the reliefs as sought for in the above petition.

6. The respondent has been served and is unrepresented.

7. The submissions of the learned counsel for the petitioner have been considered and the material on record has been perused.

8. The relationship between the parties as also the fact that they have two children from their wedlock and the pendency of the legal proceedings between the parties are forthcoming from the record. Having regard to the fact that care and custody of two children is with the wife and the husband being gainfully employed, it is clear that that great hardship will be caused to the wife if she is required to travel to Haveri for the purpose of prosecuting the proceedings initiated by the husband.

9. Although the husband will be put to some hardship if he is required to travel to Davanagere for the purpose prosecuting the proceedings initiated by him, having regard to the fact that he will be required to travel to Davanagere for the