[Cites 3, Cited by 0]
Karnataka High Court
Pratibha W/O Deepak Dodamani vs Deepak R Dodmani on 9 April, 2026
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CP No. 100014 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 9TH DAY OF APRIL 2026
BEFORE
THE HON'BLE MRS JUSTICE GEETHA K.B.
CIVIL PETITION NO. 100014 OF 2026 (-)
BETWEEN
PRATIBHA W/O. DEEPAK DODAMANI,
AGE: 29 YEARS, OCC: HOMEMAKER,
R/O. NO.08 ANJANEYA NIVAS,
KARIYAMMA DEVI BADAVANE,
NAVANAGAR, HUBBALLI-580025.
...PETITIONER
(BY SRI. KUSHAL V. BOLMAL, ADVOCATE)
AND
DEEPAK R. DODMANI,
AGE: 30 YEARS, OCC: PRIVATE EMPLOYEE,
R/O. PLOT NO.81, ASHIRWAD NILAY,
ASHWINI NAGAR, 3RD CROSS,
BEHIND GELIYAR BALAGA HIGH SCHOOL,
Digitally signed
by BHARATHI H
M
HAVERI-581110.
Location: HIGH
COURT OF
KARNATAKA,
DHARWAD
...RESPONDENT
BENCH
Date: 2026.04.10
11:58:54 +0530
(BY SRI. VISHWANATH S. BICHAGATTI, ADVOCATE)
THIS CIVIL PETITION FILED UNDER SECTION 24 OF CPC,
PRAYING TO WITHDRAW M.C.NO.186/2025 PENDING BEFORE
THE PRINCIPAL JUDGE, FAMILY COURT AT HAVERI AND MAKE IT
OVER TO THE COURT OF I ADDITIONAL PRINCIPAL JUDGE
FAMILY COURT, HUBBALLI FOR THE PURPOSE OF TRIAL AND
DISPOSAL OF THE SAME IN ACCORDANCE OF LAW IN THE
INTEREST OF JUSTICE AND EQUITY.
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THIS PETITION HAVING BEEN HEARD AND RESERVED FOR
ORDER ON 01.04.2026 AND COMING ON FOR PRONOUNCEMENT
OF ORDER THIS DAY, MADE THE FOLLOWING:
CORAM: THE HON'BLE MRS JUSTICE GEETHA K.B.
CAV ORDER
Petitioner has filed this petition under Section 24 of
the Code of Civil Procedure, 1908 (for short 'CPC'), praying
for withdrawal of MC No.186/2025 on the file of Principal
Judge, Family Court, Haveri and to transfer the same to
I Addl. Prl. Judge, Family Court, Hubballi.
2. It is stated in the petition that respondent and
petitioner are husband and wife and their marriage was
solemnized on 29.11.2024 as per the customs prevailing in
their community. Respondent has filed petition in MC
No.186/2025 under Section 13(1)(ia) of Hindu Marriage
Act,1955, which is pending on the file of Principal Judge,
Family Court, Haveri. Petitioner has filed
Crl.Misc.No.277/2025 under Section 144 of Bharatiya
Nagarik Suraksha Sanhita, 2023(for short 'BNSS'), which is
pending before First Additional Principal judge, Family
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Court, Hubballi. Petitioner is living alone in Hubballi and she
has no source of income. On every date of hearing, it is
difficult for her to attend the Court at Haveri and also to
take the assistance of advocate at Haveri. The distance
between Haveri and Hubballi is 100 Kms. approximately.
Petitioner is having life threat at Haveri. Hence, prayed for
allowing the petition.
3. Learned counsel for the respondent has filed
objections to the petition, wherein he contended that
petitioner has filed the present petition only to drag on
proceedings by making false allegations. In the
maintenance petition filed by the petitioner, she has stated
her address as the address of Haveri, in her affidavit
evidence and also in her examination-in-chief before court.
The rent agreement produced in that case is only concocted
for the purpose of jurisdiction. The petitioner has
deliberately suppressed the material facts and has filed
false statement before this Court. Petitioner is also resident
of Haveri and hence the question of hardship or
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inconvenience to her does not arise. Hence, prayed for
dismissal of the petition.
4. Having heard arguments of both sides and
verifying the records, the point that arises for consideration
is:
"Whether the transfer of petition as prayed in the
petition is required?"
5. Finding of this Court on the above point is in
Negative for the following reasons:-
The marriage of petitioner and respondent was
solemnized at Haveri. The parental house of petitioner is
situated at Haveri. Both petitioner and respondent last
resided together at Haveri. Petitioner contended that
presently she is residing at Navanagar, Hubballi and
produced the copy of rent agreement. The stamp paper for
this rent agreement was taken on 10.05.2025. It is stated
in the rent agreement that the agreement will be in force
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from 01.05.2025 to 31.03.2026. The petitioner has filed
Criminal Misc. No.277/2025 which is pending before I Addl.
Principal Judge, Family Court, Hubballi, wherein, in the
affidavit evidence, she has narrated her address as Kammar
Oni, Maranbeeda, Tq.Hangal, Haveri-581110. Thus, even
after filing the criminal miscellaneous petition before
Hubballi praying for maintenance, petitioner has stated her
address as the address of Hangal Taluk which is situated
within Haveri District and not within Hubballi-Dharwad
District. The petitioner was and is residing at Haveri District
and not at Hubballi. The alleged rent agreement between
her and her owner is not an acceptable one; it appears that
it was concocted because stamp paper was purchased on
10.05.2025 whereas the agreement was from 1.05.2025 to
31.03.2026. Said period of 11 months mentioned in the
agreement is already lapsed. Petitioner contended that she
was residing at Hubballi for her technical education. The
technical education details and other documents are not
produced. Anyway, petitioner was and is residing at Haveri
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in her parental house. It is not at all difficult for her to
travel to attend the Court at Haveri.
6. As per the guidelines given by Hon'ble Supreme
Court in catena of decisions, the matrimonial cases shall be
tried at the place which is convenient and feasible to the
wife rather than husband.
7. This Court relies on the judgment of Hon'ble
Apex Court in Civil Appeal No.4894/2022 (arising out of
SLP(C) No.16465/2021, wherein at para No.9 it is held as
follows:
"9. The cardinal principle for exercise of power under
Section 24 of the Code of Civil Procedure is that the
ends of justice should demand the transfer of the suit,
appeal or other proceeding. In matrimonial matters,
wherever Courts are called upon to consider the plea of
transfer, the Courts have to take into consideration the
economic soundness of both the parties, the social
strata of the spouses and their behavioural pattern, their
standard of life prior to the marriage and subsequent
thereto and the circumstances of both the parties in
eking out their livelihood and under whose protective
umbrella they are seeking their sustenance to life. Given
the prevailing socioeconomic paradigm in the Indian
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society, generally, it is the wife's convenience which
must be looked at while considering transfer."
Relying on the aforesaid citation, this Court holds that
the convenience of wife shall be the paramount
consideration while dealing with transfer of matrimonial
cases.
8. In the instant case, petitioner has not produced
any material before this Court to show that the Court at
Hubballi is more convenient and feasible to her because she
and her parents are residents of Haveri and not of Hubballi.
Hence, merely, she prays for transfer, as a matter of
course, the case cannot be transferred. Even the period
mentioned in the alleged rent agreement is already lapsed.
Hence, if case is continued in the Principal Judge, Family
Court, Haveri which is having jurisdiction to try the case, no
inconvenience will be caused to the petitioner. Accordingly,
the point for consideration is answered in the Negative and
this Court proceeds to pass the following:-
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ORDER
Petition filed under Section 24 CPC is rejected.
Sd/-
(GEETHA K.B.)
JUDGE
HMB
CT-MCK
List No.: 1 Sl No.: 1
