Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:35088 CP No. 98 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JULY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA CIVIL PETITION NO. 98 OF 2026 BETWEEN:
1.
SRI RAGHAVENDRA K K S/O LATE KRISHNA-SA, AGED ABOUT 50 YEARS
2 KUMARI. VRIHA D/O RAGHAVENDRA K.K., AGED ABOUT 9 YEARS
3 KUMAR KRISHNA SA YANE VARDHAN D/O RAGHAVENDRA K.K AGED ABOUT 7 YEARS
SINCE PETITIONER NO.2 AND 3 ARE MINOR THEIR FATHER IS A NATURAL MINOR GUARDIAN.
ALL ARE R/AT NO.23, 2ND FLOOR, NAGAPPA VONI, 'A' MAIN, 4TH CROSS, NEAR VINAYAKA CIRCLE, MUNESHVARA BLOCK, P. J. HALLI, BENGALURU-560 003
…PETITIONERS (BY SRI. LOKESHA J. K., ADVOCATE)
Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka
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HC-KAR NC: 2026:KHC:35088 CP No. 98 of 2026
AND:
1.
SMT. SEEMA S B W/O RAGHAVENDRA K. K.
AGED ABOUT 40 YEARS, R/AT 844/4-5, OLD UNDER BRIDGE, RENUKA BADAVANE, NEAR HARIHARESHWARA NILAYA, DAVANAGERE-577002
…RESPONDENT (BY SMT. RASHMI K.,ADVOCATE)
THIS PETITON IS FILED UNDER SECTION 24 OF THE CODE OF CIVIL PROCEDURE, 1908 PRAYING TO TRANSF G AND WC NO.28/2025 FAMILY COURT AT DAVANAGERE TO THE FAMILY COURT AT BENGALURU WITH A DIRECTION TO DISPOSE OF THE SAME IN ACCORDANCE WITH LAW BY ALLOWING THIS PETITION IN THE ENDS 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
Heard Sri. Lokesha J.K., learned counsel for the petitioner and Smt. Rashmi K., learned counsel for the respondent.
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HC-KAR NC: 2026:KHC:35088 CP No. 98 of 2026
2. The present transfer petition is filed by the father of the minor children seeking transfer of G. & W.C. No.28/2025, instituted by the respondent-mother before the Family Court, Davanagere, to the Family Court at Bengaluru.
3. It is submitted that the respondent-mother is residing at Davanagere and has also instituted criminal proceedings and a petition seeking maintenance before the competent Court at Davanagere. On that basis, she has instituted the present guardianship proceedings before the Family Court at Davanagere.
4. However, under the provisions governing guardianship proceedings, a petition relating to the custody or guardianship of minor children is required to be instituted before the Court having territorial jurisdiction over the place where the minor children ordinarily reside. In the present case, it is not in dispute that the minor children are residing at Bengaluru since 2022. Therefore,
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HC-KAR NC: 2026:KHC:35088 CP No. 98 of 2026
the Family Court at Davanagere lacks territorial jurisdiction to entertain G. & W.C. No.28/2025.
5. In the above circumstances, this Court is of the considered opinion that it would be just and proper to transfer G. & W.C. No.28/2025 from the Family Court, Davanagere, to the Family Court at Bengaluru, where the minor children are ordinarily residing.
5. Accordingly, the transfer petition is allowed. Pending interlocutory applications, if any, stand
disposed of.
Sd/- (P SREE SUDHA) JUDGE
VBS List No.: 1 Sl No.: 13