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2026 DAILYLAW 16891 (KAR)

SMT KOWSALYA BAI B v. MR YASHWANTH NAIK

CP/373/2025 · 2026-02-23

P Sree Sudha

Transfer Petitionbody2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:11458 CP No. 373 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA CIVIL PETITION NO. 373 OF 2025 BETWEEN: 1. SMT KOWSALYA BAI B D/O BALAJI NAIK W/O YASHWANTH NAIK AGE ABOUT 33 YEARS R/A NO 9, 3RD CROSS, TULASINGAR HOSAHALLI MAIN ROAD, BENGALURU - 560091 …PETITIONER (BY SRI. RAJESHA SHETTIGARA.,ADVOCATE) AND: 1. MR YASHWANTH NAIK S/O MITHU SINGH AE ABOUT 33 YEARS R/A NO 7/32 BAGDALL THANDA BIDAR (RTQ) BIDAR DISTRICT 585226 AND ALSO AT R K INFRASTURCTURE CIVIL ENGINEERS AND CONTRACTORS NO 425, HOUSE NO,51 AND 52 GURBAR'S RESIDENCY VASAVI SHEETR'S KALLUBALU JIGANI TALUK, ANEKAL ,BENGALURU 560-105 REP BY PROPRIETOR MR NAYAK YASHAWANTH …RESPONDENT Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:11458 CP No. 373 of 2025 THIS CP IS FILED UNDER SECTION 24 OF CPC, PRAYING TO PASS AN ORDER WITHDRAWING THE M.C.NO.31/2025 PENDING ON THE FILE OF PRINCIPAL SENIOR CIVIL JUDGE AND CJM, BIDAR, AND THEREAFTER TRANSFER THE SAME TO THE PRINCIPAL FAMILY JUDGE, BANGALORE, DIRECTING IT TO DISPOSE OF THE SAME IN ACCORDANCE WITH LAW IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL ORDER This transfer petition is filed by the petitioner-wife for the transfer of MC.No.31/2025 which is filed by the husband in Bidar for divorce on 17.06.2025. Petitioner/Wife also filed petition for Restitution of Conjugal Rights in MC.No.6055/2025 in the Family Court at Bengaluru on 23.09.2025 after filing of the divorce application by the respondent/husband. 2. It is stated that the respondent/husband is also working in Bangalore and running "R.K.Infrastructure" Civil Engineering and Contracting firm but he filed a case - 3 - HC-KAR NC: 2026:KHC:11458 CP No. 373 of 2025 for divorce in Bidar, which is at a distance of 700 kilometres from Bangalore only to harass the petitioner- wife. 3. In spite of the service of notice to respondent - husband, he did not appear. When both parties filed two cases for restitution of conjugal rights and for divorce, both cases are to be tried together by the one Court to avoid conflict of decisions. Therefore, this Court finds it reasonable to transfer MC No. 31/2025 pending on the file of the Senior Civil Judge Court, Bidar, to the family Court at Bangalore. Accordingly, I pass the following order: ORDER The petition is allowed. 2. MC.No.31/2025 filed by the respondent- husband on the file of Principal Senor Civil Judge and CJM, Bidar is transferred to the Family Court at Bengaluru. - 4 - HC-KAR NC: 2026:KHC:11458 CP No. 373 of 2025 3. Family Court is directed to club MC.No.31/2025 filed by the respondent - husband and MC.No.6055/2025 filed by the petitioner - wife and to dispose of the same at a time. Sd/- (P SREE SUDHA) JUDGE RCK List No.: 1 Sl No.: 54