Kaveri vs Ravikumar @ Mahanthesh

Heard Sri Shambuling Shivayogi Salimath, learned counsel for the petitioner.

This petition is filed by the wife seeking transfer of M.C.No.46/2025, pending on the file of the Civil Judge Senior Division, Afzalpur, to the court of District Judge, Family Court, Kalaburagi.

Sri Shambuling Shivayogi Salimath, learned counsel for the petitioner, submits that the petitioner is residing at Kalaburagi, where Crl.Misc.No.285/2024 has been filed under Section 125 of Cr.P.C., whereas the respondent has instituted M.C.No.46/2025 under Section 13(1)(i-a) (i-b) of the Hindu Marriage Act, 1955, before the jurisdictional Court at Afzalapur. It is further submitted that the distance between Kalaburagi and Afzalpur is about 120 kilometres, and the petitioner finds it difficult to travel such distance, particularly as she is required to take care of her minor child. Hence, it is prayed that M.C.No.46/2025 be transferred to the jurisdictional Court at Kalaburagi.

Notice to the respondent is held sufficient vide order dated 03.09.2026.

Considered the submissions made by the learned counsel for the petitioner.

On perusal of the memorandum of M.C.No.46/2025, it is evident that the residence of the petitioner herein is shown as Kalaburagi. It is well settled that, while considering a prayer for transfer of matrimonial proceedings, the convenience of the wife and welfare of the child is of paramount consideration. The petitioner is also required to take care of her aged parents. In such circumstances, it would be difficult for her to effectively participate in the proceedings at Afzalpur. It is also contended that a parallel proceeding under Section 125 of Cr.P.C., is pending before the jurisdictional Court at Kalaburagi. The trial of both petitions before one Court would not only be convenient for the parties but would also facilitate the effective and expeditious adjudication of the dispute.

In view of the above, the following:

The civil petition is allowed.

The M.C.No.46/2025, pending on the file of Civil Judge Senior Division, Afzalpur, is hereby withdrawn and transferred to the court of District Judge, Family Court, Kalaburagi.