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2026 DAILYLAW 14562 (KAR)

DEEPU M N v. MAHESHA

CP/64/2026 · 2026-04-23

P Sree Sudha

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:22427 CP No. 64 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF APRIL, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA CIVIL PETITION NO. 64 OF 2026 BETWEEN: DEEPU M.N. D/O NANJUNDA SWAMY, W/O MAHESHA, AGED 35 YEARS, RESIDING AT NO.235, WARD NO.21, G.M. STREET PETE, MALAVALLI, MANDYA DISTRICT - 571 430. …PETITIONER (BY SRI. NAGARAJ S. JAIN, ADVOCATE) AND: MAHESHA S/O GANESHA, AGED ABOUT 43 YEARS, RESIDING AT NO. 13/2 59TH B CROSS, 4TH 'N' BLOCK, RAJAJINAGARA, 5TH BLOCK, BANGALORE - 560 010. …RESPONDENT (VIDE ORDER DATED 23.04.2026, TRIAL COURT ADVOCATE FOR RESPONDENT SERVED) THIS CP IS FILED UNDER SECTION 24 OF CPC, PRAYING TO WITHDRAW THE PROCEEDINGS IN MC NO.5684/2024 ON THE FILE OF FIRST ADDITIONAL PRINCIPAL FAMILY JUDGE, Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:22427 CP No. 64 of 2026 FAMILY COURT, BANGALORE, AS PER ANNEXURE - A AND TRANSFER THE SAID CASE TO THE COURT OF SENIOR CIVIL JUDGE, MALAVALLI FOR ADJUDICATION ALONG WITH G AND WC NO.24/2025 FILED BY THE RESPONDENT PENDING BEFORE THE SAME COURT i.e., SENIOR CIVL JUDGE AND JMFC, MALAVALLI. THIS PETITION, COMING ON FOR ORDERS, 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. 2. In spite of service of notice on the learned counsel for the respondent, he did not turn up. 3. Heard the arguments of learned counsel for the petitioner. 4. This Civil Petition is filed by the petitioner/wife for transfer of M.C.No.5684/2024, filed by the husband for divorce before the Principal Judge, Family Court, Bengaluru, to the Court of Senior Civil Judge, Malavalli. - 3 - HC-KAR NC: 2026:KHC:22427 CP No. 64 of 2026 5. The petitioner/wife along with her two children, is residing with her parents. The children are studying in the 5th and 3rd standards at Malavalli. They were born on 09.01.2015 and 05.01.2017 and are aged 10 years and 8 years respectively. 6. The respondent/husband has also filed G&WC Case No.34/2025 before the Senior Civil Judge and JMFC, Malavalli and the matter is at the stage of reply. The petitioner is not working and earning, whereas the respondent is an advocate practicing in Bengaluru as well as Malavalli. The distance between Malavalli and Bengaluru is 105 kilometers. It is inconvenient for the petitioner to travel to Bengaluru along with the minor children. Moreover, the respondent has already filed another case before the Senior Civil Judge and JMFC, Malavalli. Therefore, this Court finds it just and reasonable to transfer MC No.5684/2024 from the Court of Principal Judge, Family Court, Bengaluru, to the Court of Senior Civil Judge, Malavalli. Both cases can be tried together. - 4 - HC-KAR NC: 2026:KHC:22427 CP No. 64 of 2026 Accordingly, the civil petition is allowed. Sd/- (P SREE SUDHA) JUDGE AMA List No.: 1 Sl No.: 4