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Karnataka High Court
Smt. Ratnamma Alias Pooja W/O. ... vs Shankarappa A. Hugar on 9 March, 2026
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CP NO.100050 of 2025
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 9th DAY OF MARCH 2026
BEFORE
THE HON'BLE MRS JUSTICE GEETHA K.B.
CIVIL PETITION NO.100050 OF 2025
BETWEEN
SMT. RATNAMMA @ POOJA
W/O. SHANKARAPPA HUGAR,
AGE: 41 YEARS, R/O. KADADI VILLAGE,
BALAGANUR POST, TQ/DIST: GADAG-582102.
...PETITIONER
(BY SRI. G.N. NARASAMMANAVAR, ADVOCATE)
AND
SHANKARAPPA A. HUGAR,
AGE: 48 YEARS, OCC: GOVT. SCHOOL TEACHER,
R/O. GROUND FLOOR, 3RD CROSS,
GANDHI NAGAR, HOSAHALLI,
MANDYA CITY-571401,
PRESENTLY WORKING AS DRAWING TEACHER,
AT GOVERNMENT HIGH SCHOOL,
MUDAGANDUR, MANDYA TALUK AND DISTRICT.
...RESPONDENT
(BY SRI. ANAND BAGEWADI, ADVOCATE FOR
SRI. H.N. GULARADDI, ADVOCATE)
THIS CIVIL PETITION FILED UNDER SECTION 24 READ
WITH SECTION 151 OF CPC, PRAYING TO WITHDRAW THE
M.C.NO.227/2024 ON THE FILE OF PRL. SENIOR CIVIL JUDGE
AND CJM MANDYA AND TRANSFER THE SAME TO THE FAMILY
COURT GADAG WHICH IS COMPETENT TO DISPOSE OF THE
CASE AND GRANT SUCH OTHER RELIEFS, IN THE INTEREST OF
JUSTICE AND EQUITY.
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CP NO.100050 of 2025
THIS PETITION HAVING BEEN HEARD AND RESERVED FOR
ORDERS ON 05.03.2026 AND COMING ON FOR
PRONOUNCEMENT OF ORDER THIS DAY, MADE THE
FOLLOWING:
CAV ORDER
(PER: THE HON'BLE MRS JUSTICE GEETHA K.B.)
1. The petitioner has filed this petition under Section 24
read with Section 151 of the Civil Procedure Code (for short
'CPC'), praying for withdrawal of M.C. No. 227/2024 pending on
the file of the Principal Senior Civil Judge and CJM, Mandya, and
to transfer the same to the Family Court, Gadag.
2. It is stated in the petition that the petitioner and the
respondent were married on 25.04.2012 at Kotekalla Sree
Holehuccheshwara Samsthan Matha, Badami Taluk, Bagalkote
District. After the marriage, they stayed in a rented house at
Keragodu. The petitioner has further narrated the facts of the
case in detail.
3. It is further stated that M.C. No. 227/2024 was filed by
the respondent against the petitioner before the Principal Senior
Civil Judge and CJM, Mandya, seeking a decree of divorce.
Thereafter, the petitioner received notice of the said petition. The
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CP NO.100050 of 2025
petitioner contends that she cannot attend the Court at Mandya
due to financial difficulties, severe ill health, and apprehension of
threat to her life. Hence, she has prayed for transfer of the case
from the Court of the Principal Senior Civil Judge and CJM,
Mandya, to the Family Court, Gadag.
4. The petitioner has further stated that she apprehends
danger to her life if she attends the Court at Mandya, as she
fears assault from the respondent and his family members.
According to the petitioner, the respondent has muscle power
and money power. It is also stated that the distance between
Kadadi Village, Balaganur Post, Gadag Taluk, where the
petitioner resides, and Mandya is more than 400 kilometres.
Hence, she has prayed for allowing the petition.
5. Learned counsel for the respondent has not advanced
arguments even after giving sufficient opportunity. However, it is
contended that the respondent is a government servant working
as government teacher at Mandya and, therefore, it would be
difficult for him to attend the Court at Gadag. Hence, the
respondent has prayed for dismissal of the petition.
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CP NO.100050 of 2025
6. Having heard the submissions of both sides and upon
perusal of the records placed before the Court, the following
point arises for consideration:
"Whether transfer of the petition from the Court
of the Principal Senior Civil Judge and CJM,
Mandya to the Family Court, Gadag is required?"
7. The finding on the above point is in the affirmative, for
the following reasons.
8. It is an admitted fact that the petitioner and respondent
are wife and husband and that their marriage took place in the
year 2012. The respondent has filed the M.C. petition under
Sections 13(1)(i-a) and 13(1)(i-b) of the Hindu Marriage Act,
1955 seeking decree of divorce on the grounds of cruelty and
desertion.
9. In the M.C. petition, it is stated that since 2013 onwards
both the petitioner and respondent have not been on cordial
terms and the respondent had issued legal notice in the year
2013. It is further stated that during the year 2014 the present
petitioner left the matrimonial home. In this regard, the
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CP NO.100050 of 2025
respondent had earlier filed M.C. No. 73/2014 and the said
petition was transferred to the Family Court, Gadag, as per the
order passed in C.P. No. 100010/2015. At that time, during the
intervention of family members, the petitioner withdrew the said
petition.
10. Thereafter, there were series of petitions between the
petitioner and the respondent, including petitions for restitution
of conjugal rights, maintenance proceedings and revision petition
before this Court.
11. The above facts narrated in the petition filed by the
respondent under Sections 13(1)(i-a) and 13(1)(i-b) of the Hindu
Marriage Act, 1955 clearly indicate that the parties have been
litigating since 2013 onwards. All the petitions were litigated
before the Family Court, Gadag. Even though the present
respondent has filed the M.C. petition for divorce before the
Court at Mandya, the earlier proceedings were transferred to
Gadag as per the order of the Co-ordinate Bench of this Court.
12. The petitioner has clearly and categorically stated in
her petition that it is very difficult for her to travel to Mandya on
each and every hearing as the distance between her village and
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CP NO.100050 of 2025
Mandya is more than 400 kilometres. She has also expressed
apprehension regarding threat to her life if she attends the Court
at Mandya.
13. Even though sufficient opportunity was given to the
respondent, he has not filed any objections. As the respondent
himself contends that he is a government employee, it would not
be difficult for him to attend the Court at Gadag, which he had
already attended in the previous proceedings.
14. For the above reasons, this Court is of the opinion that
transfer of the present petition is necessary in the interest of
justice. Accordingly, the point under consideration is answered in
the affirmative and this Court proceeds to pass the following:
ORDER
i) The petition filed under Section 24 of CPC is hereby
allowed.
ii) M.C. No. 227/2024 pending on the file of the Principal
Senior Civil Judge and CJM, Mandya, is withdrawn
and transferred to the Family Court, Gadag.
CP NO.100050 of 2025
iii) The parties are hereby directed to appear before the
Family Court, Gadag on 09.04.2026 without awaiting
further court notice.
iv) The parties are further directed to co-operate with the
Court for early disposal of the case before the Family
Court, Gadag.
Sd/-
(GEETHA K.B.)
JUDGE
VB
CT-MCK
