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2026 DAILYLAW 20287 (KAR)

SMT SOWMYA K v. MR VINAY

CP/142/2026 · 2026-06-08

P Sree Sudha

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:27225 CP No. 142 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA CIVIL PETITION NO. 142 OF 2026 BETWEEN: SMT. SOWMYA K W/O VINAY K., D/O K. DEVARAJU, 34 YEARS, R/O DO.NO. 1420, APOORVA HOTEL ROAD, NORTHERN EXTENSION, HASSAN - 573 201. …PETITIONER (BY SMT. SHARADAMBA A.R, ADVOCATE) AND: MR. VINAY S/O SRI. KEMPEGOWDA, 38 YEARS, NO.412, 18TH CROSS, 3RD MAIN, AGRAHARA LAYOUT, YELAHANKA, BENGALURU - 560 084. …RESPONDENT (RESPONDENT SERVED AND UNREPRESENTED) THIS CP IS FILED U/S. 24 OF CPC PRAYING TO TRANSFER THE MC NO. 1164/2026, PENDING ON THE FILE OF THE V ADDITIONAL PRINCIPAL JUDGE FAMILY COURT, BENGALURU TO BE TRIED BY THE COURT OF THE IST Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:27225 CP No. 142 of 2026 ADDITIONAL FAMILY COURT, HASSAN 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 Learned counsel for the petitioner is present. Despite service of notice, the respondent did not turn up. 2. This Civil Petition is filed by the petitioner/wife for transfer of M.C.No.1164/2026, filed by the respondent/husband for restitution of conjugal rights, from the Court of the V Additional Principal Judge, Family Court, Bengaluru to the Court of the I Additional Family Court, Hassan. 3. Heard the arguments of learned counsel for the petitioner. - 3 - HC-KAR NC: 2026:KHC:27225 CP No. 142 of 2026 4. It is stated that the petitioner is residing at Hassan along with her parents. Though she is a B.E. graduate, she is not working and earning. It is further submitted that she has filed Crl.Misc.No.12/2026 before the I Additional Family Court, Hassan and the said proceedings are pending consideration. 5. Learned counsel for the petitioner further stated that the marriage between the parties was solemnized on 04.08.2025 and that they lived together only for a period of five days. It is stated that the petitioner has no means to maintain herself and is dependent on her parents. It is also submitted that she has no well-wishers in Bengaluru and that she has to travel along with someone to attend the proceedings before the Family Court at Bengaluru, which is difficult for her. 6. It is further submitted that the petitioner is residing with her mother, who is suffering from paralysis. Her father is working outside Hassan. As such, there is no - 4 - HC-KAR NC: 2026:KHC:27225 CP No. 142 of 2026 one to accompany her to Bengaluru. The distance between Hassan and Bengaluru is about 182 kilometers. 7. In view of absence of learned counsel for the respondent, and considering the reasons stated by the learned counsel for the petitioner, this Court finds that it is just and reasonable to transfer M.C.No.1164/2026 from the V Additional Principal Judge, Family Court, Bengaluru to the I Additional Family Court, Hassan. 8. Accordingly, the Civil Petition is allowed. Sd/- (P SREE SUDHA) JUDGE SHS List No.: 1 Sl No.: 20