The court emphasizes the importance of accessibility to legal proceedings for parties in financial distress.

(PER: THE HON'BLE MR. JUSTICE G BASAVARAJA)

This petition is filed under Section 24 of the CPC to transfer the petition filed by the respondent/husband in MC.No.235/2025 pending on the file of Principal Judge, Family Court, Belagavi to the Family Court, Dharwad on the following grounds:

“(i) It is submitted that the petitioner is residing in Tadakod village, taluka and district Dharwad with her parents, after being driven out by her husband. It will become very difficult for the petitioner to travel to Belagavi to attend every date of hearing.

(ii). The petitioner has filed the maintenance petition before the Hon'ble Family Court, Dharwad and the same is pending for consideration. As such by transferring the petition filed by the respondent, both can be heard simultaneously.

(iii). Since the petitioner is having no any means for her livelihood and she have to look after the her children. As such it will become very difficult for her to engage the separate council in the petition pending before the Belagavi Court.

(iv). The petitioner is not having sufficient source of income to spend on travelling purpose to attend the case at Belagavi and to engage separate Advocate in Belagavi to represent the divorce petition filed by the respondent. If at all the petition pending before the Prl. Judge Family Court, Belagavi is not been transferred, it will become very difficult for the petitioner to attend the case at Belagavi. As such the petitioner is seeking the transfer of the petition pending before the Prl. Judge Family Court, Belagavi to Hon'ble Family Court, Dharwad.”

2. Along with this petition, petitioner/wife has produced the copy of notice issued by the Family Court, Belagavi in M.C.No.235/2025, copy of petition filed by the respondent/husband under Section 13(1)(1-a) (1-b) of the Hindu Marriage Act , 1955 in MC.No.235/2025 and the petition filed by the petitioner/wife along with her two minor daughters in Crl.Misc.No.176/2025 under Section 144 of the BNSS Act , 2023 as well as certified copy of the order sheet pertaining to Crl.Misc.

No.176/2025.

3. Learned counsel for the respondent/husband strongly opposed this petition stating that the distance between the Dharwad and Belagavi is only 75 Kms and there is no impediment to the petitioner/wife to attend the Court proceedings at Belagavi and their two daughters are staying with the respondent/husband. Petitioner/wife has not made out any proper ground to allow this petition. On all these grounds he seeks for dismissal of this petition.

4. It is not disputed fact that Crl.Misc.No.176/2025 has been filed by the present petitioner along with her two minor daughters before the Family Judge, Dharwad. In that petition, she has clearly stated that she is not having sufficient source of income and it will become very difficult for her to engage the separate counsel to represent on her behalf in the divorce petition filed by the respondent/husband before the Family Court, Belagavi. Considering her grievances, I proceed to pass the following :

ORDER (i) Petition is allowed.

(ii) M.C.No.235/2025 pending on the file of Principal Judge, Family Court, Belagavi is withdrawn and transferred to the Principal Judge, Family Court at Dharwad for disposal in accordance with law.

(iii) Registry is directed to send copy of this order to the respondent/husband through RPAD.

(iv) Registry is also directed to send copy of this order to both Courts mentioned above for taking necessary action.