Extracted from the PDF above. The PDF is authoritative.
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HC-KAR
CNR: KAHC010373212026 NC: 2026:KHC:36061 CP No. 174 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JULY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA CIVIL PETITION NO. 174 OF 2026 BETWEEN:
SMT.ANUSHA R, W/O. SRI. SOMASHEKAR K.S, AGED ABOUT 28 YEARS, PRESENTLY R/AT K.T. 806/2, MAHADESHWARA NILAYA, 2ND A CROSS, CHAMUNDESHWARI NAGAR, MANDYA- 571 401. …PETITIONER (BY SMT. MAHESHWARI D.M., ADVOCATE) AND:
SRI. SOMASHEKAR. K. S, S/O. SRI. SHIVANNA J, AGED ABOUT 38 YEARS, R/AT NO.B10, UAS STAFF QUARTERS, OPPOSITE TO VETERINARY COLLEGE, ANAND NAGAR, HEBBAL, BANGALORE - 560 024. …RESPONDENT (BY SMT.LAKSHMY IYENGAR, SENIOR COUNSEL FOR SRI. N. GOWTHAM RAGHUNATH., ADVOCATE)
Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka
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HC-KAR
CNR: KAHC010373212026 NC: 2026:KHC:36061 CP No. 174 of 2026
THIS CP IS FILED UNDER SEC.24 OF CPC., PRAYING TO TRANSFER THE CASE IN MC NO.6482/2025 ON THE FILE OF HONBLE IV ADDITIONAL FAMILY COURT JUDGE, BANGALORE, FILED BY THE RESPONDENT AGAINST THE PETITIONER UNDER SEC.10(1) OF HINDU MARRIAGE ACT, 1955 TO THE HONBLE PRINCIPAL SENIOR CIVIL JUDGE AND CJM, MANDYA, IN THE INTEREST 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 the arguments of learned counsel appearing for both sides.
2. This transfer petition is filed by wife for transfer of M.C.No.6482/2025 filed by husband before the IV Addl. Principal Family Court Judge, Bengaluru to Principal Senior Civil Judge and CJM., Mandya.
3.
Learned counsel for the petitioner stated that the petitioner also filed M.C.No.221/2025 for restitution of conjugal rights after the filing of divorce. Petitioner's marriage with
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HC-KAR
CNR: KAHC010373212026 NC: 2026:KHC:36061 CP No. 174 of 2026
respondent was performed on 04.02.2024 and they are blessed with a female child on 11.04.2025. The child is residing with petitioner and she is staying with her parents. She had completed her engineering graduation, but not working and earning. It is further stated that respondent has not visited the child from November, 2025 he blocked the contact number of her and her family members from all modes of communication. The distance between both the places is 98 kilometers. She is depending on her father and she cannot incur the travel expenses. It is difficult for her to travel as she is a breastfeeding mother with a child aged one year.
4.
Learned counsel for the respondent stated that petitioner is residing in Mandya, as such, she has tried to attend the Court at Mandya and further stated that he is ready to incur the travel expenses. He has also stated that she is having another house at Vijayanagara, Bengaluru in the name of her mother and she was travelling frequently between Bengaluru and Mandya and has filed record to show that she travelled for 50 times across the toll gates between Bengaluru and Mandya in a span of three months.
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HC-KAR
CNR: KAHC010373212026 NC: 2026:KHC:36061 CP No. 174 of 2026
5.
Learned counsel of the petitioner stated that she travelled only for the medical requirements of the child and the age of the child is only 1 year.
6. Considering the arguments of learned counsel for both sides, this Court finds that it is just and reasonable to transfer M.C.No.6482/2026 on the file of IV Addl. Principal Family Court Judge, Bengaluru to Principal Senior Civil Judge and CJM., Mandya, as both the cases are filed for restitution of conjugal rights and divorce are to be tried together at one place. The Senior Civil Judge and JMFC., at Mandya is specifically directed to club both the matters and dispose of the same at a time to avoid conflicting decisions. Ordered accordingly.
7. In the result, the following order is passed:
ORDER (i) The Civil Petition is allowed.
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HC-KAR
CNR: KAHC010373212026 NC: 2026:KHC:36061 CP No. 174 of 2026
(ii) The respondent is at liberty to file his affidavit or he can be cross-examined either through counsel or through video conferencing. (iii) The Family Court is specifically directed not to insist upon his presence unless there is any specific requirement.
(iv) Pending I.A. is closed in view of disposal of the main petition.
Sd/- (P SREE SUDHA) JUDGE
PSJ List No.: 1 Sl No.: 9