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2026 DAILYLAW 16350 (KAR)

SMT.ANUSHA V L ALIAS DEVAKI v. SRI. PAVANKUMAR K

CP/71/2026 · 2026-04-15

P Sree Sudha

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:20447 CP No. 71 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA CIVIL PETITION NO. 71 OF 2026 BETWEEN: SMT. ANUSHA V L ALIAS DEVAKI W/O. PAVANKUMAR, AGED ABOUT 29 YEARS, CURRENTLY R/AT. #13, 2ND HOUSE, DEVARAJU URS BADAVANE, DAVANGERE - 577 006 ADDRESS AS PER M.C.NO.237/2025 NO.835, A BLOCK, 2ND MAIN, 1ST CROSS, SARASWATI NAGAR, NEAR DURGMBIKA SCHOOL, WARD NO.33, DAVANGERE - 577 005 …PETITIONER (BY SRI. VIVEKANANDA N., ADVOCATE) AND: SRI. PAVANKUMAR K S/O. KANTA R, AGED ABOUT 33 YEARS, R/AT. CHIKKATOTTUKERE GRAMA KORA HOBLI, TUMAKURU TALUK, TUMAKURU - 572 128 …RESPONDENT (V/O DT. 15/04/2026, TRIAL COURT ADVOCATE SD.) Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:20447 CP No. 71 of 2026 THIS CP IS FILED UNDER SEC.24 OF CPC., PRAYING TO WITHDRAW MC NO.327/2025 FROM THE FILE OF PRL. JUDGE, FAMILY COURT AT TUMAKURU AND TRANSFER THE SAME TO THE FAMILY COURT JUDGE, DAVANAGERE WHERE CRL. MISC NO.363/2025 IS PENDING ADJUDICATION AND DECIDE ON MERITS IN THE INTEREST OF JUSTICE PRODUCED AT ANNEXURE - A. THIS CP, COMING ON FOR HEARING - INTERLOCUTORY APPLN, 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. Notice sent to the respondent returned with an endorsement 'unclaimed' which is a proper service and it is stated that the petitioner has sent notice to learned counsel for the respondent before the Trial Court and an acknowledgment to that effect is filed. 3. Heard the arguments of learned counsel for the petitioner. - 3 - HC-KAR NC: 2026:KHC:20447 CP No. 71 of 2026 4. This civil petition is filed by the wife seeking the transfer of M.C.No.327/2025, filed by the husband for restitution of conjugal rights before the Principal Judge, Family Court, Tumkuru to the Family Court at Davanagere. 5. Learned counsel for the petitioner submits that the petitioner is currently residing with her parents and their minor child, aged 2 years, in Davanagere. Her marriage with respondent was performed in the year 2019 and they are blessed with a girl child in 2024. She is not working and has already filed Crl.Misc.No.363/2025 for maintenance which is still pending before Family Court, Davanagere. 6. Learned counsel for the petitioner further submits that respondent is in business and resides at Tumkuru. The distance between Davanagere and Tumkuru is 200 kms. As it is inconvenient for the petitioner to travel along with the minor child, this Court finds it just and reasonable to transfer M.C. No.327/2025 Family Court, - 4 - HC-KAR NC: 2026:KHC:20447 CP No. 71 of 2026 Tumkuru to the Family Court, Davanagere as Crl.Misc.No.363/2025 is already pending there. Both the matters can be tried together and disposed of by the same Court. In the result, petition is allowed. 7. In view of the disposal of the petition, I.A.No.2/2026 is closed. Sd/- (P SREE SUDHA) JUDGE DS CT:VS List No.: 1 Sl No.: 21