Smt Sudha W/O Ningappa Alias Ningaraj Hallad v. Sri Ningappa Alias Ningaraj S/O Ramachandra Hallad

NC:(2025:KHC-D:17034( CP(No.(100181(of(2025( ( , ,,HC-KAR( ( ( IN(THE(HIGH(COURT(OF(KARNATAKA,AT(DHARWAD(

NDDATED(THIS(THE(2 (DAY(OF(DECEMBER,(2025(

BEFORE( THE(HON'BLE(MR.(JUSTICE(C(M(JOSHI(

CIVIL(PETITION(NO.100181(OF(2025((

BETWEEN:(

(( SMT.,SUDHA,W/O.,NINGAPPA,@,NINGARAJ,HALLAD,, AGE:,28,YEARS,,OCC.,HOUSEWIFE,,, R/AT.,C/O.,SUDAH,S/O.,SANGAPPA,GADAGI,,, HOSAHALLI,,TQ.,KUNDAGOL,,,

DIST.,DHARWAD-581117., …PETITIONER, (BY,SRI.,MOT,GOURISHANKAR,HARISHCHANDRA,,ADVOCATE), , AND:( ( SRI.,NINGAPPA,@,NINGARAJ,, S/O.,RAMACHANDRA,HALLAD,, AGE:,38,YEARS,,OCC.,AGRICULTURE,,, R/AT.,CHIKKA,ULLIGERI,VILLAGE,,, TQ.,SAVADATTI,,DIST.,BELAGAVI-591126., …RESPONDENT, YASHAVANT (BY,SMT.,SHAILA,BELLIKATTI,,ADVOCATE),NARAYANKAR , Digitallytisignedtiby YASHAVANT , THIS, CP, IS, FILED, UNDER, SECTION, 24, OF, CPC.,, PRAYING, TO, NARAYANKAR Date:02025.12.03 14:45:370+0530 TRANSFER, THE, M.C., 50/2025, AS, PENDING, BEFORE, THE, HON'BLE, COURT, OF, SENIOR, CIVIL, JUDGE, AT, SAUNDATTI, TO, THE, HON'BLE, COURT, OF, SENIOR, CIVIL, JUDGE, AND, JMFC.,, AT, KUNDAGOL, AND, DIRECT,TO,DISPOSE,OF,THE,CASE,ON,MERITS,IN,ACCORDANCE,WITH, LAW,,IN,THE,INTEREST,OF,JUSTICE,AND,EQUITY., , , THIS,PETITION,,COMING,ON,FOR,ADMISSION,THIS,DAY,,ORDER, WAS,MADE,THEREIN,AS,UNDER:, (

ORAL ORDER (PER: THE HON'BLE MR. JUSTICE C M JOSHI)

Heard the learned counsel appearing for the petitioner and the respondent.

¶2The petitioner is the wife of the respondent and she has filed this petition seeking transfer of M.C.No.50/2025 pending before the learned Senior Civil Judge at Saundatti to the Court of the learned Senior Civil Judge at Kundgol. It is contended that the petitioner being the wife of the respondent has to travel to Saundatti from Kundgol along with her child aged 5 ½ years and therefore, it would be difficult for her to contest the case. It is contended that the said petition filed by the respondent is for divorce and therefore, the petition be allowed.

¶3Per contra, learned counsel appearing for the respondent reiterates contentions taken up by respondent in objection statement. It is contended that the respondent has a threat to attend the case at Kundgol and there have been criminal complaints which are filed by the petitioner at

Saundatti Police Station. Therefore, it is contended that the petition is devoid of any merits.

¶4After hearing the matter at some length, it was submitted before the Court that the petitioner also has filed a petition under Section 144 of the B.N.S.S. for maintenance at Kundgol.

¶5Learned counsel for respondent submits that the respondent has not received any notice of such petition.

¶6The learned counsel appearing for the petitioner and the respondent would submit that M.C.No.50/2025 may be heard by a Family Court so that in effective Mediation may also happen. Both the counsels agree that the matter may be transferred to the Family Court at Hubballi and that would help them in mediating the dispute between them.

¶7Under these circumstances, this Court opines that the adjudication of the family dispute between the petitioner and the respondent would be best resolved by transferring M.C.No.50/2025 to the learned Principal Judge, Family Court, Hubballi, where an effort for settlement by mediation may also take place. Hence, the following:

ORDER

i) The petition is allowed in part.

ii) The M.C.No.50/2025 pending before learned Senior Civil Judge, Saundatti is hereby withdrawn and transferred to the learned Principal Judge, Family Court, Hubballi for disposal in accordance with law.

iii) Intimate the concerned Courts accordingly.

iv) The transferor Court may fix the date of appearance of parties before transferee Court, as per convenience.

SD/- (C M JOSHI) JUDGE

SSP CT:PA LIST NO.: 1 SL NO.: 26