- 1 - HC-KAR NC: 2026:KHC:35085 CP No. 199 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. 199 OF 2026 BETWEEN: 1. SMT DHANYSHREE W/O SHANTHIBHUSHANA S, D/O SOMASHEKARAPPA AGED ABOUT 30 YEARS, R/AT NO. 728, 3RD MAIN, 1ST CROSS, E-BLOCK, JH PATEL EXTENSION DAVANAGERE TOWN - 570 002 …PETITIONER (BY SRI. VIVEKANANDA N., ADVOCATE) AND: 1. SRI SHANTHIBUSHANA S S/O SHIVAKUMAR R, AGED ABOUT 33 YEARS, R/AT 4TH 'B' CROSS ROAD OPPO. PAPU PARK, MARUTHI NAGARA TUMAKURU CITY - 572104 …RESPONDENT THIS PETITION IS FILED UNDER SECTION 24 OF CODE OF CIVIL PROCEDURE, 1908 PRAYING TO TRANSFER THE CASE Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:35085 CP No. 199 of 2026 IN M.C. NO.73/2026 PENDING ON THE FILE OF PRL. JUDGE, FAMILY COURT AT TUMAKURU TO PRINCIPAL FAMILY COURT, DAVANAGERE WHERE M.C. NO.127/2026 IS PENDING AND TO BE HEARD AND DECIDED ON MERITS IN DAVANAGERE IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL ORDER Heard the arguments of the learned counsel for the petitioner. Despite service of notice, neither the respondent nor his counsel is present. 2. This petition is filed seeking transfer of M.C. No.73/2026, filed by the respondent-husband for restitution of conjugal rights before the Principal Judge, Family Court, Tumakuru, to the Family Court at Davanagere. 3. The petitioner-wife has also instituted M.C. No.127/2026 before the Family Court, Davanagere under Section 13(1)(ia) and (ib) of the Hindu Marriage Act, - 3 - HC-KAR NC: 2026:KHC:35085 CP No. 199 of 2026 1955, seeking dissolution of marriage on the grounds of cruelty and desertion. 4. It is submitted that the petitioner is employed in a hybrid mode and is presently working from home. The distance between Tumakuru and Davanagere is approximately 196 kilometres. It is further stated that the respondent-husband is carrying on business and is residing at Tumakuru. 5. Admittedly, both parties have instituted proceedings against each other, one seeking restitution of conjugal rights and the other seeking dissolution of marriage. In the interest of justice and to avoid conflicting decisions, it would be appropriate that both matters are tried and disposed of by the same Court. 6. Having considered the submissions made on behalf of the petitioner and there being no representation on behalf of the respondent, this Court is of the opinion that it would be just and proper to transfer M.C. - 4 - HC-KAR NC: 2026:KHC:35085 CP No. 199 of 2026 No.73/2026 pending on the file of the Principal Judge, Family Court, Tumakuru, to the Family Court, Davanagere, to be tried along with M.C. No.127/2026. Accordingly, the petition is allowed. The Family Court, Davanagere, is directed to club both the matters and dispose of them together by a common judgment, so as to avoid conflicting decisions. Sd/- (P SREE SUDHA) JUDGE VBS List No.: 1 Sl No.: 2