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2026 DAILYLAW 23226 (KAR)

MRS. MUSHPIYA BHANU v. MR. MOHAMMAD ZAFAR,

CP/56/2026 · 2026-06-16

P Sree Sudha

Original Suitbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:29152 CP No. 56 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA CIVIL PETITION NO. 56 OF 2026 BETWEEN: MRS. MUSHPIYA BHANU W/O MOHAMMAD JAFAR AGED ABOUT 32 YEARS, RESIDING AT C/O MAHAMOOD, HALENAHALLI, BEHIND AKBAR MOSQUE, NEAR MOUNTAIN VIEW SCHOOL, CHIKKAMAGALURU-577 101. …PETITIONER (BY SRI. V D RAVIRAJ., ADVOCATE) AND: MR. MOHAMMAD ZAFAR, S/O MOHAMMED HANIF, AGE ABOUT 35 YEARS R/AT 1ST CROSS, SEEGEBAGI, BHADRAVATHI, SHIVAMOGGA-577 301. …RESPONDENT (RESPONDENT SERVED AND UNREmPRESENTED) THIS PETITION IS FILED UNDER SEC.24 OF CPC., PRAYING TO PASS WITHDRAW THE CASE IN OS NO.17/2026 PENDING ONT EH FILE OF II ADDITIONAL CIVIL JUDGE AND JMFC, BHADRAVATHI, AND TRANSFER THE SAME TO BE TRIED BY THE PRINCIPAL FAMILY COURT AT CHIKKAMAGALUR, WHERE THE PETITIONER IS STAYING WITH HER PARENTS IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:29152 CP No. 56 of 2026 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, inspite of service of notice, respondent remained absent. 3. This petition is filed by wife for transfer of O.S.No.17/2026 filed by husband for restitution of conjugal rights under Muslim law before II Additional Civil Judge and JMFC, Bhadravathi to the Principal Family Court at Chikkamagalur. 4. Learned counsel for petitioner submits that the petitioner/wife is residing with her three minor children aged 6.5, 3.5 and 1.5 years respectively and along with her parents. She also filed Crl.Misc.No.310/2025 for maintenance of the children. Respondent is a welder in the garage and he is residing at Bhadravathi, but petitioner is not working and earning. It is inconvenient for her to travel along with minor - 3 - HC-KAR NC: 2026:KHC:29152 CP No. 56 of 2026 children to Bhadravathi which is at a distance of 84 kms. Therefore, in the absence of representation by the respondent counsel, considering the arguments of the petitioner counsel, this Court finds that it is just and reasonable to transfer O.S.No.17/2026 from II Additional Civil Judge and JMFC, Bhadravathi to the Principal Family Court at Chikkamagalur. Hence, this petition is allowed. Pending interlocutory application is closed in view of disposal of the main petition. Sd/- (P SREE SUDHA) JUDGE AKV CT:NR List No.: 1 Sl No.: 9