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2026 DAILYLAW 1539 (KAR)

SMT KAVYA v. SRI. SHIVAKUMAR B V

CP/49/2026 · 2026-03-06

P Sree Sudha

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:13914 CP No. 49 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA CIVIL PETITION NO. 49 OF 2026 BETWEEN: SMT. KAVYA W/O SRI SHIVAKUMAR B.V., AGED ABOUT 36 YEARS, R/O NO.B23/207, SRI. NANJUNDESHWARA NILAYA, 2ND CROSS, SHANTAPPA GARDEN, KALPATARU ROAD, MARUTHINAGAR, ARSIKERE TOWN, HASSAN DISTRICT – 573 103. …PETITIONER (BY SRI. PURANDARA RAM NAIK FOR SRI. PATIL DAYANAND SUBRAYA GOUDA., ADVOCATES) AND: SRI. SHIVAKUMAR B.V. S/O VIJAYAKUMAR B.N., AGED ABOUT 44 YEARS, R/AT NO.6N, 7TH STREET, KAMARAJ ROAD, BENGALURU – 560 042. …RESPONDENT (BY SRI. SRIDHAR S.R., ADVOCATE (ABSENT)) Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:13914 CP No. 49 of 2026 CIVIL PETITION FILED UNDER SEC. 24 OF THE CIVIL PROCEDURE CODE 1908., PRAYING TO TRANSFER THE CASE IN MC NO.6526/25 FILED BY THE RESPONDENT IN THE COURT OF III ADDITIONAL PRL. JUDGE, FAMILY COURT, BENGALURU TO THE COURT OF THE CIVIL JUDGE, (SR. DN) ARSIKERE, HASSAN DISTRICT, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL ORDER 1. Heard the arguments of learned counsel for the petitioner. 2. Learned counsel for the respondent is absent. 3. The transfer application is filed by wife - petitioner for transfer of M.C. No. 6526/2025 filed by husband - respondent for divorce on 23.11.2025 in the Court of III Addl. Prl. Judge, Family Court, Bengaluru. She requested for transfer of the same to the Court of Civil Judge (Sr. Dn.) at Arsikere, Hassan District. 4. It is stated that the petitioner has filed Crl. Misc. No. 1254/2025 for maintenance and she also filed P.C.R. No.120/2025 before the Prl. Civil Judge & JMFC, Arsikere. - 3 - HC-KAR NC: 2026:KHC:13914 CP No. 49 of 2026 5. The petitioner is residing in her parents' house at Arsikere and she has to travel to Bengaluru and from there she has to catch another bus to reach to the Court and the distance is 200 kilometres. She has to start on the previous working day to reach the Court before 11:00 a.m. It is stated that her husband ill-treated her and beat her and he is not allowing her to meet the children. It is stated that children are aged about 14 and 13 years and they are staying with the husband/ father and studying in Bengaluru. 6. As there is no representation by the learned counsel for respondent and upon considering the argument of the learned counsel for petitioner, this Court finds it reasonable to transfer M.C. No. 6526/2025 from the Court of III Addl. Prl. Judge, Family Court, Bengaluru to the Court of Civil Judge (Sr. Dn.) Arsikere, Hassan District. 7. Accordingly, Petition is allowed. Sd/- (P SREE SUDHA) JUDGE LL List No.: 1 Sl No.: 41