Extracted from the PDF above. The PDF is authoritative.
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HC-KAR
CNR: KAHC010440312026 NC: 2026:KHC:40459 CP No. 207 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF AUGUST, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA CIVIL PETITION NO. 207 OF 2026 BETWEEN:
MRS YASHASWINI G S W/O. VIJAYA KUMAR D, D/O. SATHYANARAYANA, AGED ABOUT 31 YEARS, R/AT/ JANANI SRI LAKSHMINARASIMHA SWAMY PRASANNA, 4TH CROSS N R PURA ROAD, BEHING MSR, JYOTHINAGAR, SHIVAMOGGA DISTRICT - 577 203. …PETITIONER (BY SRI. K V SATEESHCHANDRA.,ADVOCATE) AND:
MR VIJAYA KUMAR D S/O. DODDABASAPPA K G, AGED ABOUT 36 YEARS, R/AT. 308, 1ST FLOOR, 6TH 'A' CROSS, OMBR LAYOUT, BHUVANAGIRI, BANASWADI, BENGALURU DISTRICT - 560 043. …RESPONDENT (BY SRI. NAGENDRA NAIK R.,ADVOCATE)
Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka
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HC-KAR
CNR: KAHC010440312026 NC: 2026:KHC:40459 CP No. 207 of 2026
THIS CP IS FILED UNDER SEC.24 CPC., PRAYING TO PASS AN ORDER OF THE TRANSFER IN MC NO.3319/2026, ON THE FILE OF THE COURT OF THE IV ADDITIONAL JUDGE, PRINCIPAL FAMLIY COURT, AT BENGALURU TO COURT OF THE PRINCIPAL FAMILY COURT, AT SHIVAMOGGA, 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 application is filed by the wife seeking transfer of M.C. No.3319/2026, filed by the husband for dissolution of marriage by way of divorce before the Family Court at Bengaluru, to the Family Court at Shivamogga. The petitioner contends that she is residing with her parents at Shivamogga, which is situated at a distance of about 305 kilometres from Bengaluru, and therefore, it is difficult for her to attend the proceedings at Bengaluru.
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HC-KAR
CNR: KAHC010440312026 NC: 2026:KHC:40459 CP No. 207 of 2026
3. It is further submitted that the petitioner has filed Crl.M.C. No.295/2023 seeking maintenance. She has stated that she is not employed and has no independent source of income and is dependent on her parents. Therefore, according to her, travelling to Bengaluru on every occasion would cause great inconvenience.
4.
Learned counsel appearing for the respondent opposed the application by filing objections. It is submitted that the respondent is working as a Graphic Design Engineer at Bengaluru. It is further submitted that the respondent's parents are residing at Bengaluru and are dependent on him. Learned counsel submitted that the petitioner has completed M.Sc., B.Ed. and is capable of earning. It is also brought to the notice of this Court that the respondent's father has undergone two major heart surgeries and a pacemaker has been inserted. He is suffering from diabetes and hypertension. The discharge summary has also been produced. It is further submitted that the respondent's mother is suffering from psychosis,
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HC-KAR
CNR: KAHC010440312026 NC: 2026:KHC:40459 CP No. 207 of 2026
tardive dyskinesia and early dementia, for which she requires constant care, attention, medical supervision and counselling.
5. It is also not in dispute that the petitioner and the respondent lived together only for about three months after their marriage and have no children. Admittedly, in cases of dementia, continuous care and attention by family members is essential. Having regard to the medical condition of the respondent's parents, particularly that of his mother, this Court finds that no sufficient grounds are made out for transfer of the matrimonial proceedings and, accordingly, the transfer petition is dismissed.
6. The Family Court shall not insist upon the personal appearance of the petitioner unless it is specifically required. The petitioner is at liberty to file her chief affidavit and her cross-examination may be conducted either through a Commissioner or by video conferencing, she is also entitled to expenses for travelling and stay for
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HC-KAR
CNR: KAHC010440312026 NC: 2026:KHC:40459 CP No. 207 of 2026
herself and her attendant, whenever she appears before the Family Court.
7. With the above directions, the petition stands 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.: 6