Research › Search › Judgment

High Court of Karnataka · body

2026 DAILYLAW 17714 (KAR)

SMT VARSHINI K M v. KUMARASWAMY

CP/35/2026 · 2026-03-12

P Sree Sudha

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:14752 CP No. 35 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA CIVIL PETITION NO. 35 OF 2026 BETWEEN: SMT VARSHINI K M, W/O KUMARASWAMY, D/O LATE MALLIKARJUNA, AGED ABOUT 25 YEARS, NO.520, TEXTILE BUILDING 10TH MAIN, BHUVANESHWARI NAGARA, T. DASARAHALLI, BENGALURU - 560 057. …PETITIONER (BY SRI. SYED KHADER NAWAZ., ADVOCATE) AND: KUMARASWAMY, S/O SHIVASHANKAR ARADHYA, AGED ABOUT 30 YEARS, MURUNDI VILLAGE, KASABA HOBLI, ARASIKERE TALUK - 563 103, HASSAN DIST. …RESPONDENT (BY SRI. SRINIVASA C., ADVOCATE) THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CPC, PRAYING TO TRANSFER THE PETITION IN MC.NO.76/2025 PENDING BEFORE THE SENIOR CIVIL JUDGE AND JMFC, ARASIKERE TO THE HONBLE PRINCIPAL FAMILY COURT JUDGE, FAMILY COURT AT BANGALORE. Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:14752 CP No. 35 of 2026 THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL ORDER Heard the arguments of both sides. 2. This civil petition is filed by the wife for transfer of M.C.No.76/2025, filed by the husband for restitution of conjugal rights, before the Senior Civil Judge and JMFC, Arasikere, to the Court of Principal Family Court Judge, Family Court at Bangalore. 3. The petitioner filed C.C. No.32312/2025 for the offences punishable under Sections 85, 351(2) and 352 of the BNS and Sections 3 and 4 of the Dowry Prohibition Act. After filing the said case, the respondent filed M.C. No.76/2025. It is stated that the petitioner is pursuing her Ph.D. in Bangalore and is residing with her widowed mother. The respondent and his family members are stated to have money and muscle power, as well as political support. As such, she would face hardship in - 3 - HC-KAR NC: 2026:KHC:14752 CP No. 35 of 2026 attending the Court at Arasikere. Therefore, this Court finds it just and reasonable to transfer M.C. No.76/2025 from the Court of the Senior Civil Judge and JMFC, Arasikere, to the Family Court at Bangalore. Both the parties are directed to appear before the Family Court at Bangalore on 23.03.2026. 4. Accordingly, the Civil Petition is allowed. 5. The Registry is directed to take necessary steps for completion of the process of transfer to the concerned Court within the said period. In view of disposal of main petition, pending IA is closed. Sd/- (P SREE SUDHA) JUDGE AMA List No.: 1 Sl No.: 48