SMT. BINDUSHREE. P. D. @ ARASAMMA v. SRI. NINGARAJU. K. B.
CP/95/2026 · 2026-07-10
P Sree Sudha
Civil Appealbody2026
DailyLaw.ai
[ 2026 DAILYLAW 29525 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 29525 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:35547 CP No. 95 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. 95 OF 2026 BETWEEN:
SMT. BINDUSHREE. P. D. @ ARASAMMA WIFE OF NINGARAJU. K.B, DAUGHTER OF DODDASHETTY, AGED ABOUT 24 YEARS, WORKING AS A TEACHER AT C. B. BHANDARI, JAIN HIGH SCHOOL AND PUC COLLEGE, 3RD CROSS, NEAR KILARI ROAD, NEAR CUBBONPET AND CHICKPET, BENGALURU-560 053. …PETITIONER (BY SRI. HARSHA H M., ADVOCATE) AND:
SRI. NINGARAJU. K. B.
SON OF BASAVARAJU, AGED ABOUT 25 YEARS, RESIDING AT NO.27, C.A. KERE HOBLI, KAPAREKOPPALLU, KADUKOTHANAHALLI, MADDUR TALUK-571 422, MANDYA DISTRICT.
PRESENTLY RESIDING AT:
RAJATH NILAYA, 5TH MAIN, 1ST CROSS, SATHANURU CIRCLE ROAD, KANAKANAGARA, CHANNAPATNA TALUK-562 160. …RESPONDENT
Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka
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HC-KAR NC: 2026:KHC:35547 CP No. 95 of 2026
(BY SRI.RITHISH D. NAIK, ADVOCATE)
THIS PETITION IS FILED UNDER SEC.24 OF CPC., PRAYING TO TRANSFER THE PETITION/CASE IN MC NO.67/2025 PENDING ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, CHANNAPATNA TO THE PRINCIPAL FAMILY COURT OR TO ADDITIONAL FAMILY COURTS, BENGALURU.
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 the arguments of both sides. 2. This application is filed by wife for transfer of MC No.67/2025, filed by husband for restitution of conjugal rights before Senior Civil Judge and JMFC Channapatna, to the Principal Family Court or to Additional Family Courts at Bangalore. 3. It is stated that the marriage of petitioner and respondent was performed on 29.01.2024. The petitioner stated that he neglected her. The petitioner stated that after shifting to Channapatna she stayed with her in-laws for 3 months. She was travelling daily to Bangalore for her work. The respondent is the only son and his younger brother is also
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HC-KAR NC: 2026:KHC:35547 CP No. 95 of 2026
dependant on his parents and he has to look after his parents and brother. The father of the petitioner/wife expired, as such, she went to Bangalore and she left him on 31.03.2005 along with her belongings. Later, Panchayath was conducted between both the parties. 4. Learned counsel for the petitioner stated that she is working as a teacher in a private school and cannot apply for leave to attend the court at Channapatna, which is at a distance of 60 kilometers. She stated that her father passed away one year back and mother is residing with her. She is taking care of the mother and the mother is taking treatment for her left clavicle bone and she was bed ridden from past 6 months. But the respondent has no permanent job of his own and thus requested for transfer. 5. Learned counsel for respondent stated that he is doing agriculture work and staying with his parents and he filed an application for restitution of conjugal rights. The distance between both places is only 60 kms. 6. Heard the arguments of both sides. - 4 -
HC-KAR NC: 2026:KHC:35547 CP No. 95 of 2026
7. Admittedly respondent herein filed an application for restitution of conjugal rights with an intention to take her back. Even the petitioner stated that respondent is anxious to take her back and lead the marital life. The distance between both the places is only 60 kilometers. The reason stated by her for transfer of the case is not convincing. In fact, when she joined her husband in Channapatna, she was travelling to Bangalore daily.
Therefore, her contention that now she cannot travel cannot be considered. Therefore, this application is devoid of merits and hence this petition is hereby dismissed. However as she is working as a teacher, the Family Court is directed not to insist upon her presence unless there is any requirement. IA is closed in view of disposal of the main petition. Sd/- (P SREE SUDHA) JUDGE
AKV CT:NR List No.: 1 Sl No.: 12