Pavitra W/O Iranna Gantimath Vs Iranna S/O… — Matrimonial and Divorce | Karnataka HC (2025)

Pavitra W/O Iranna Gantimath Vs Iranna S/O… — Matrimonial and Divorce | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Withdrawal of M.C.No.205/2024 from the Principal Judge Family Court, Gadag and its transfer to the I Additional Principal Judge and Family Court, Hubballi forthwith; both parties, through counsel, to appear before the transferee court on 28.08.2025 without any further notice.

Issue for consideration

Whether the proceedings in M.C.No.205/2024 pending before the Principal Judge Family Court, Gadag should be withdrawn and transferred to the I Addl. Prl. Judge Family Court, Hubballi, given that the petitioner-wife resides at Hubballi and the distance between the two towns is about 70 kilometres.

Court's answer

This Court is of the considered view that the petitioner (wife) has made out a case for allowing the transfer petition.

Ratio / Principle

In terms of Section 19(ii) of the Hindu Marriage Act, the petition is required to be filed where the respondent resides; the marriage at Gadag is not disputed and the petitioner admittedly resides at Hubballi.

Key takeaways

The petition is allowed; proceedings in M.C.No.205/2024 pending before the Principal Judge, Family Court, Gadag are to be withdrawn and transferred to the I Additional Principal Judge and Family Court at Hubballi forthwith.ratio¶33
Since the parties are represented through their counsels, they shall appear before the I Additional Principal Judge and Family Court at Hubballi on 28.08.2025 without any further notice.ratio¶37

Detailed headnote1 paragraphs

Transfer petition under S.24 CPC by wife (Pavitra) ALLOWED. Matrimonial proceedings M.C.No.205/2024, filed by the husband under S.13(1)(iA) Hindu Marriage Act and pending before Principal Judge Family Court, Gadag, ordered to be withdrawn and transferred to the I Addl. Prl. Judge Family Court, Hubballi. Grounds on record: petitioner-wife admittedly resides at Hubballi; admitted ~70 km distance between Hubballi and Gadag with hardship urged in contesting proceedings; wife already has a pending maintenance case (Crl.Misc.No.162/2023) before the Hubballi Family Court. Court referred to S.19(ii) HMA requirement that such petition be filed where the respondent resides, yet found a case for transfer. Parties directed to appear before the transferee court on 28.08.2025 without further notice.

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NC: 2025:KHC-D:9138 CP No. 100064 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

DATED THIS THE 24^TH DAY OF JULY 2025

BEFORE

THE HON'BLE MR. JUSTICE M.G.S. KAMAL

CIVIL PETITION NO.100064 OF 2025

BETWEEN:

PAVITRA W/O. IRANNA GANTIMATH, AGE: 24 YEARS, OCC: HOUSEHOLD WORK, R/O: NEAR ITI COLLEGE, MUNDARGI ROAD, NEAR NEW LIC OFFICE, GADAG, NOW RESIDING AT C/O MANTAYYA S/O. BASAYYA MATHAD HUKKERI ONI, BYAHATTI, TQ: HUBBALLI, DIST: DHARWAD – 580 023.

…PETITIONER

(BY SRI. U. G. KATTIMANI, ADVOCATE)

AND:

Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench, Dharwad

IRANNA S/O. RUDRAYYA GANTIMATH, AGE: 27 YEARS, OCC: COOLIE, R/O: NEAR ITI COLLEGE, MUNDARGI ROAD, NEW LIC OFFICE, GADAG, TQ & DIST: GADAG – 580 023.

…RESPONDENT (BY SRI. G.S.HIREMATH & SRI. C.S.RACHAYYANAVAR, ADVOCATES)

THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CPC, PRAYING TO WITHDRAW M.C.NO.205/2024 PENDING ON THE FILE OF LEARNED PRINCIPAL JUDGE FAMILY COURT GADAG AND TRANSFER THE SAME TO THE 1^ST ADDL. PRL. JUDGE FAMILY COURT HUBBALLI FOR TRIAL IN THE INTEREST OF JUSTICE AND EQUITY.

THIS CIVIL PETITION, COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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NC: 2025:KHC-D:9138 CP No. 100064 of 2025

HC-KAR

ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE M.G.S. KAMAL)

This petition is by the wife seeking transfer of proceedings in M.C.No.205/2024 pending consideration on the file of Principal Judge Family Court, Gadag filed by the respondent-husband under Section 13 (1)(IA) of the Hindu Marriage Act.

Marriage between the petitioner and respondent having taken place on 28.04.2022, at Gadag is not in dispute. It is submitted that the distance between Gadag where the present proceedings is pending consideration and Hubballi is about more than 70 kilometers and the petitioner would be put to hardship to travel all the way from Hubballi to Gadag to contest the proceedings effectively.

It is also submitted that the petitioner – wife has also initiated proceedings before the I Addl. Prl.Judge Family Court, Hubballi seeking maintenance in

Crl.Misc.No.162/2023, which is pending consideration.

3 - NC: 2025:KHC-D:9138 CP No. 100064 of 2025

HC-KAR

Counsel for the respondent vehemently opposes the request made by the petitioner and submits that Gadag being the last place of residence of the petitioner and respondent, the said court would get jurisdiction.

The marriage of the petitioner and respondent being solemnized at Gadag is not in dispute. The petitioner is admittedly residing at Hubballi. Even in terms of Section 19(ii) of Hindu Marriage Act, the petition is required to be filed where the respondent resides. Further, admittedly the distance between Hubballi and Gadag is 70 kilometers.

This Court is of the considered view that petitioner has made out a case of allowing of the petition.

For the aforesaid reasons, the petition is allowed. Proceedings in M.C.No.205/2024 pending on the file of the Principal Judge, Family Court, Gadag be withdrawn and transferred to the I Additional Principal Judge and Family

Court at Hubballi forthwith.

4 - NC: 2025:KHC-D:9138 CP No. 100064 of 2025

HC-KAR

Since the parties are represented through their counsels, they shall appear before the I Additional Principal Judge and Family Court at Hubballi on

28.08.2025 without any further notice.

Sd/(M.G.S. KAMAL) JUDGE

RHR/CT-ASC List No.: 1 Sl No.: 10