SMT LATHA R @ ANITHA W/O N.YUVARAJ, v. N YUVARAJ S/O NINGAPPA,
CP/144/2026 · 2026-07-01
P Sree Sudha
body2026
DailyLaw.ai
[ 2026 DAILYLAW 26384 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 26384 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:32544 CP No. 144 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF JULY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA CIVIL PETITION NO. 144 OF 2026
BETWEEN:
SMT. LATHA R @ ANITHA W/O N.YUVARAJ, AGE ABOUT 35 YEARS, R/O AMBEDKAR BADAVANE, SORABA TOWN, SORABA TALUK - 577 401, SHIVAMOGGA DISTRICT. …PETITIONER (BY SRI. ABHISHEK VAIDYA, ADVOCATE FOR SRI.S.V.PRAKASH.,ADVOCATE)
AND:
N. YUVARAJ S/O NINGAPPA, AGED ABOUT 38 YEARS, R/O 3RD MAIN, A.K.COLONY, HARIHARA - 577 601, DAVANAGERE DISTRICT. …RESPONDENT (RESPONDENT SERVED AND UNREPRESENTED)
THIS CP IS FILED UNDER SEC.24 OF CPC., PRAYING TO PASS AN
ORDER WITHDRAWING THE PETITION FILED BY THE RESPONDENT UNDER SEC.13(1) (i-a) OF HINDU MARRIAGE ACT IN MC NO.415/2025 ON THE FILE OF JUDGE, FAMILY COURT, DAVANAGERE TO THIS HONBLE COURT AND THEREAFTER TRANSFER THE SAME TO THE FILE PRINCIPAL CIVIL JUDGE AND JMFC, SORABA FOR DISPOSAL IN ACCORDANCE WITH LAW BY ALLOWING THIS PETITION.
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
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HC-KAR NC: 2026:KHC:32544 CP No. 144 of 2026
CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA
ORAL ORDER
Though notice served to the respondent, he remained absent.
2. Heard the learned counsel for the petitioner.
3. This transfer application is filed by the petitioner-wife for transfer of M.C.No.415/2025 filed by the respondent-husband for divorce at Family Court, Davanagere. The marriage of petitioner and respondent was performed on 14.04.2012 and they were blessed with two children aged 11 and 9 years respectively.
4. It is stated that the petitioner-wife is residing in Soraba along with her parents and children are studying at Soraba. The petitioner is not working and has no source of income. She has filed Crl.Misc.No.150/2024 under Section 12 of the Protection of Women from Domestic Violence Act, 2005, before the Principal Civil Judge and JMFC, Soraba. In the said case, the respondent was
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HC-KAR NC: 2026:KHC:32544 CP No. 144 of 2026
directed to pay maintenance but the petitioner's counsel stated that the respondent is not paying any amount.
5. The distance between Davanagere and Soraba is 113 Kilometres and it is inconvenient for the petitioner to travel all the way by spending travelling expenses. She cannot travel alone and she should be accompanied by another person. Her father died in the year 2018 and mother is suffering from impaired eyesight and age related aliments and depending on the petitioner. In spite of service of notice, respondent did not turn up. Considering the arguments of the petitioner's counsel, in the absence of respondent's arguments, this Court finds it just and reasonable to transfer M.C.No.415/2025 from learned Judge, Family Court, Davanagere to the Principal Civil Judge and JMFC, Soraba.
6. In the result, the following:
ORDER (i) Civil Petition is allowed;
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HC-KAR NC: 2026:KHC:32544 CP No. 144 of 2026
(ii) M.C.No.415/2025 on the file of Judge, Family Court, Davanagere is transferred to the Principal Civil Judge and JMFC, Soraba.
(iii) I.A.No.1/2026 is closed in view of the disposal of the main petition.
Sd/- (P SREE SUDHA) JUDGE
SMJ; List No.: 1 Sl No.: 8