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2026 DAILYLAW 32352 (KAR)

SMT. MADHURYA R v. SRI. MAHENDRA V RAO

CP/117/2026 · 2026-07-29

P Sree Sudha

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010232012026 NC: 2026:KHC:39687 CP No. 117 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JULY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA CIVIL PETITION NO. 117 OF 2026 BETWEEN: SMT. MADHURYA R W/O MAHENDRA V RAO AGED ABOUT 40 YEARS R/AT NO. 204, BESIDE MANDAL PANCHAYATH OFFICE ROAD, NEAR GOVERNMENT HOSPITAL, B.R. PROJECT, BHADRAVATHI TALUK, SHIVAMOGGA DISTRICT - 577 115. …PETITIONER (BY SRI. SHRAVAN BHARADWAJ B.V, ADVOCATE) AND: SRI. MAHENDRA V. RAO S/O V. VISHWANATH RAO AGED ABOUT 38 YEARS R/AT NO. 52, SHAMA NIVAS, DARBAR GUDDE, 10TH KADDUR VILLAGE, KALATHUR SOUTH, UDUPI - 574 106. …RESPONDENT (BY SRI. DR. SHYAM KUMAR S.U, ADVOCATE) THIS CP FILED U/S. 24 OF CPC PRAYING TO ISSUE DIRECTION TO TRANSFER THE PETITION IN MC NO. 30/26 PENDING ON THE FILE OF THE PRL. JUDGE, FAMILY COURT, UDUPI TO THE COURT ADDL. SENIOR CIVIL JUDGE AT Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010232012026 NC: 2026:KHC:39687 CP No. 117 of 2026 BHADRAVATHI FOR ADJUDICATION, 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 both sides. 2. This petition is filed by the wife seeking transfer of M.C. No.30/2026 filed by the husband for divorce, from the Court of the Principal Judge, Family Court, Udupi to the Court of the Additional Senior Civil Judge at Bhadravathi. 3. The marriage between the petitioner and the respondent was solemnized on 18.02.2024. The petitioner is a homemaker and has no independent source of income. It is difficult for her to travel from B.R. Project, Bhadravathi Taluk, to Udupi. She is dependent on her parents. There is no frequent bus service from B.R. Project, Bhadravathi Taluk, to Udupi. As such, it is very - 3 - HC-KAR CNR: KAHC010232012026 NC: 2026:KHC:39687 CP No. 117 of 2026 difficult for her to travel. The distance between the two places is approximately 152 kilometers. She has also filed Crl. Misc.No.80/2024 under Section 12 of the Protection of Women from Domestic Violence Act, 2005 before the Additional Senior Civil Judge and JMFC, Bhadravathi. Therefore, she has sought transfer of the case. 4. Learned counsel for the respondent submitted that the petitioner has filed Criminal Case No.2966/2024 under Section 498A IPC before the Court at Udupi against him and his parents. He further submitted that he has lodged a complaint against the petitioner for attempt to murder, which has been registered as S.C. No.22/2025, and the trial is pending. Therefore, it was contended that he apprehends a threat if he is required to appear before the Court at Bhadravathi. It was also submitted that the respondent is suffering from acute ligamentous instability of the right knee, and a medical certificate has been produced in support of the same. It was further submitted that his mother has undergone surgery and that he is - 4 - HC-KAR CNR: KAHC010232012026 NC: 2026:KHC:39687 CP No. 117 of 2026 required to take care of her. Therefore, this Court finds that it is not a fit case to transfer the matter from Udupi to Bhadravathi. 5. The Family Court is specifically directed not to insist upon the personal appearance of the petitioner unless it is specifically required. She can file a chief affidavit and cross-examination can be done either through a Commissioner or by video conferencing. If she attends the Court in person, the respondent shall pay travelling expenses and stay expenses for her and to her attendant. 6. With the above directions, the petition is dismissed. I.A. stands disposed of in view of the disposal of the main petition. Sd/- (P SREE SUDHA) JUDGE TMP List No.: 1 Sl No.: 7