- 1 - HC-KAR NC: 2026:KHC:15816 CP No. 27 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA CIVIL PETITION NO. 27 OF 2026 BETWEEN: SMT. SUMAIYA KHANUM. S, W/O MOHAMMED NADEEM, D/O SIRAJ KHAN, AGED ABOUT 26 YEARS, R/AT SF MANZIL, AHMAD BADAVANE, BEHIND MUSLIM HOSTEL, CHALKERE ROAD, JAGLUR TALUK, DAVANGERE DISTRICT - 577 528. …PETITIONER (BY SRI. MARUTHI G B., ADVOCATE) AND: SRI. MOHAMMED NADEEM, S/O MOHAMMED FAYAZ, AGED ABOUT 30 YEARS, R/AT NO.362/1, SHAFFI MANZIL, BEHIND SHANTALA THEATER, DARGA MOHALLA, NELAMANGALA - 56212. …RESPONDENT (BY SRI. MANJUNATH NAYAK., ADVOCATE) Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:15816 CP No. 27 of 2026 THIS CIVIL PETITION IS FILED UNDER SEC. 24 OF THE CIVIL PROCEDURE CODE. 1908., PRAYING TO TRANSFER THE SUIT IN OS NO.308/2025 WHICH PENDING ON THE FILE OF THE HONBLE 2ND ACJ AND JMFC, AT NELAMANGALA TO THE FILE OF HONBLE FAMILY COURT AT DAVANAGERE DISTRICT. 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 Civil Petition is filed by the wife for transfer of O.S. No.308/2025, filed by the husband for restitution of conjugal rights, from the Court of Principal Civil Judge and J.M.F.C., Nelamangala, to the Court of Principal Judge, Family Court, Davanagere. 2. It is stated that the marriage between the parties was solemnized on 06.05.2023 and a child was born on 23.02.2025 at Jagaluru. The child is now one year old. It is further stated that the petitioner’s father is suffering from health issues such as BP and diabetes and therefore, it is difficult for her to travel along with the - 3 - HC-KAR NC: 2026:KHC:15816 CP No. 27 of 2026 minor child to attend the Court at Nelamangala. It is also stated that the respondent is capable of maintaining them and would not face any difficulty in attending the Court at Davanagere. 3. Learned counsel for the respondent has filed objections stating that the marriage was performed on 06.05.2023. It is stated that the respondent and his parents filed a complaint before the Superintendent of Police, Davanagere, for registration of FIR at Jagaluru Police Station on 13.06.2025 under Sections 115(2), 118(1), 352, 126(2) and 351(3) of BNS, 2023, and BNSS, 2023. The petitioner and her father filed a complaint against the respondent and his parents, with a delay of 36 hours, in Crime No.113/2025 under Sections 352, 115(2), 118(1), 109, 351(3) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. It seems that both parties have approached the High Court by filing Criminal Petition Nos.11679/2025 and 13537/2025 for quashing of the FIRs and the said petitions are pending. - 4 - HC-KAR NC: 2026:KHC:15816 CP No. 27 of 2026 4. Learned counsel for the respondent stated that there is a threat to the respondent’s life. The petitioner is residing at Jagaluru along with her child and parents. The distance between Jagaluru and Nelamangala is 190 kilometers. As there is no Family Court at Jagaluru, she asked for transfer of the case to Davanagere, which is about 50 kilometers from Jagaluru. It is further stated that the petitioner is residing with her parents and minor child at Jagaluru and the petition for restitution of conjugal rights has been filed by the husband/respondent at Nelamangala, which is at a distance of 190 kilometers. The petitioner/wife has filed Crl.Misc.No.796/2025 at Jagaluru. Therefore, the request of the petitioner to transfer the case to Davanagere cannot be considered. However, she is at liberty to file her chief affidavit before the Court at Nelamangala and she can be cross-examined either through a Commissioner or through video conferencing, the place of such examination shall be fixed by the Family Court. Therefore, this Court finds that there are no merits - 5 - HC-KAR NC: 2026:KHC:15816 CP No. 27 of 2026 in the petition. Accordingly, the Civil Petition is dismissed. However, the Family Court is directed not to insist upon the personal appearance of the petitioner unless her presence is specifically required by the Court. In view of the dismissal of the petition, the interlocutory applications, if any, stand disposed of. Sd/- (P SREE SUDHA) JUDGE AMA List No.: 1 Sl No.: 33