Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR NC: 2026:KHC:14349 CP No. 25 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA CIVIL PETITION NO.25 OF 2026 BETWEEN:
SMT. KEERTHI V URAL W/O VISHWAS G AGED ABOUT 31 YEARS R/AT NO.103, ARCHANA CENTRAL BUJANGA RAO ROAD KADEKOPPALA, VOLAKADU CHITPADY, UDUPI KARNATAKA - 576102.
…PETITIONER (BY SRI THANOJ KUMAR, ADVOCATE) AND:
SRI. VISHWAS G S/O M.P. GANESH AGED ABOUT 33 YEARS PRESENTLY WORKING AT MAXIMUS GLOBAL CAPACITY CENTRE IND PVT. LIMITED R/AT FLAT NO.202 SRI BALAJI RESIDENCY, K. NARAYANAPURA AISHWARYA ENCLAVE 1ST CROSS NEXT TO DS MAX SPARKLE BENGALURU 560077
…RESPONDENT (BY SRI PRAKASHA V, ADVOCATE [ABSENT])
Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA
- 2 -
HC-KAR NC: 2026:KHC:14349 CP No. 25 of 2026
THIS CIVIL PETITION IS FILED UNDER SEC.24 OF THE CIVIL PROCEDURE CODE, 1908, PRAYING TO TRANSFER THE PETITION IN M.C. CASE NO.6763/2025 PENDING ON THE FILE OF THE I ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT AT BANGALORE TO THE PRINCIPAL JUDGE, FAMILY COURT AT UDUPI AND ETC.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA
ORAL ORDER
Learned counsel for the petitioner is present. Though, the respondent is represented through the counsel, the counsel is not present before the Court. 2. Heard the arguments of the learned counsel for the petitioner. 3. This petition is filed by the wife/petitioner seeking transfer of M.C.No.6763/2025 filed by the husband/respondent for divorce before the I Additional Principal Judge, Family Court, Bengaluru to the Principal Judge, Family Court, Udupi. The counsel for the petitioner stated that petitioner is residing along with her parents at Udupi. Respondent is working at Maximus Global Capacity Center Ind. Private Limited at Bangalore and he
- 3 -
HC-KAR NC: 2026:KHC:14349 CP No. 25 of 2026
is financially capable to travel to Udupi. Their marriage was performed in the year 2021 and they were blessed with female child presently aged about 2 years 3 months and the child is in the custody of the petitioner. Petitioner is suffering from Lumbar Spine problem and the minor child is also suffering from Hypotonia that is low muscle tone and also diagnosed with ‘Rickets’ and ‘developmental delay’ specifically in gross motor skills. The petitioner has no independent source of income. Hence, she is unable to continue the litigation traveling to Bengaluru on all the hearing dates which involves huge expenses. The distance between Udupi to Bengaluru is 400 kilometers. 4. The counsel in support of the arguments, relied upon the judgment of the Apex Court in the case of N C V AISHWARYA vs A S SARAVANA KARTHIK SHA reported in 2022 SCC ONLINE SC 1199 wherein the Apex Court in paragraph 9 held that 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
- 4 -
HC-KAR NC: 2026:KHC:14349 CP No. 25 of 2026
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 socio-economic paradigm in the Indian society, generally, it is the wife’s convenience which must be looked at while considering transfer. 5. Considering the reasons stated in the petition, this Court finds it just and reasonable to transfer M.C.No.6763/2025 filed before the I Additional Principal Judge, Family Court, Bengaluru to the Principal Judge, Family Court, Udupi. 6. In the result, the following:
ORDER The civil petition is allowed. The entire proceedings in M.C.No.6763/2025 is transferred from the I Additional Principal Judge,
- 5 -
HC-KAR NC: 2026:KHC:14349 CP No. 25 of 2026
Family Court, Bengaluru to the Principal Judge, Family Court, Udupi. In view of disposal of the main petition, IA if any, shall stands closed.
Sd/- (P SREE SUDHA) JUDGE
SN