- 1 - HC-KAR NC: 2026:KHC:26021 CP No. 97 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JUNE, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA CIVIL PETITION NO. 97 OF 2026 BETWEEN: SMT. NITHYASHREE @ LOLAMBIKA D.L. W/O SRI DAYANANDA M.K AGED ABOUT 33 YEARS R/AT, 16TH CROSS, KUVEMPUNAGAR HASSAN TOWN, HASSAN-573 201. …PETITIONER (BY SRI. PRADEEP NAIK K., ADVOCATE) AND: SRI. DAYANANDA M.K. S/O SRI. M.R. KRISHNAIAH AGED ABOUT 36 YEARS, BENAKANILAYA, NO. 37/1, 2ND FLOOR, FLAT NO. 203, MARUTHI LAYOUT, CHINNAPPANA HALLI, MARATHAHALLI POST, BENGALURU-560 037. …RESPONDENT (BY SRI. MANJUNATHA G., ADVOCATE) THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF THE CODE OF CIVIL PROCEDURE, 1908, PRAYING TO DIRECT TO WITHDRAW MC NO.5985/2023 FILED BY THE RESPONDENT, WHICH IS PENDING BEFORE THE PRINCIPAL JUDGE, FAMILY COURT AT BENGALURU AND TRANSFER THE SAME TO THE FAMILY COURT AT HASSAN., WHERE THE MC NO.286/2023, FILED BY THE PETITIONER IS PENDING FOR ADJUDICATION. Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:26021 CP No. 97 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 Though this matter has come up for admission, with consent of learned counsel, the same is taken up for final hearing and disposed of by this order. 2. Heard learned counsel for petitioner and learned counsel for respondent. 3. This petition is filed by wife for transfer of MC No.5985/2023 filed by the husband for divorce before Principal Family Court, Bengaluru to I Addl. Family Court, Hassan, to try along with M.C.No.286/2023. 4. The petitioner stated that their marriage was performed in the year 2022 and she had filed M.C.No.286/2023 for restitution of conjugal rights, as the respondent neglected her and also there was dowry harassment. But later respondent filed MC No.5985/2023 for dissolution of the marriage. Petitioner is not working - 3 - HC-KAR NC: 2026:KHC:26021 CP No. 97 of 2026 and earning and she is residing with her parents and she has no source of income. The distance between Bangalore and Hassan is 190 kilometres. 5. Learned counsel for the respondent filed objections and stated that there are 5 other cases, apart from this case. Further stated that the respondent is working as Branch Manager at Canara Bank and he is attending all the cases by applying leave and he is also paying maintenance of Rs.8,000/- per month to the petitioner. Further, learned counsel for respondent stated that the petitioner is attending the proceedings in Bangalore in PCR No.55439/2025 and also O.S.No.10050/2025 for defamation. It is also brought to the notice of this court that the case filed by the husband for divorce is coming up for arguments. Both the divorce proceedings and restitution of conjugal rights were filed in the year 2023 and the transfer application is filed in the year 2026. - 4 - HC-KAR NC: 2026:KHC:26021 CP No. 97 of 2026 6. Learned counsel for the petitioner stated that the PW1 in divorce proceedings was examined in chief, but they have not cross examined him. They have filed an application to recall PW1 for cross examination. But it was dismissed. Later, the respondent's evidence is recorded as Nil and posted for arguments. Admittedly, both the cases filed for divorce and restitution of conjugal rights are to be tried together by one court to avoid conflicting of judgments. In this case, the divorce proceedings were initiated on 19.07.2023 and restitution of conjugal rights is filed after 3 months i.e. on 14.12.2023. Respondent is also paying maintenance to the petitioner. Therefore, this Court finds that it is just and reasonable to transfer MC No.286/2023 filed by wife for restitution of conjugal rights to the Hassan Court to try along with MC No.5985/2023 to avoid conflicting decisions. 7. As the trial Court has not granted reasonable opportunity to the petitioner herein for adducing her evidence. The trial Court is at liberty to club both the - 5 - HC-KAR NC: 2026:KHC:26021 CP No. 97 of 2026 matters and to grant reasonable opportunity to both sides for adducing the evidence and to dispose of both the matters at a time, to avoid conflicting judgments. With the above mentioned direction this petition is dismissed Petitioner is at liberty to file her chief affidavit and she can be cross examined either through Commissioner or through videoconferencing and Family Court is specifically directed not to insist upon her presence unless it is required by the court. Sd/- (P SREE SUDHA) JUDGE AKV CT:NR List No.: 1 Sl No.: 17