- 1 - HC-KAR CNR: KAHC010461102025 NC: 2026:KHC:38944 CP No. 262 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JULY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA CIVIL PETITION NO. 262 OF 2025 BETWEEN: 1. SRI. MALLIKARJUN S/O THIPPAREDDY AGED ABOUT 48 YEARS, 2. SHRAVANT S/O OF MALLIKARJUN AGED ABOUT 16 YEARS 3. SINCHANA @ SWAPNA D/O OF MALLIKARJUN AGED ABOUT 15 YEARS 4. SWAROOP S/O MALLIKARJUN AGED ABOUT 10 YEARS (SINCE MINOR P2 TO P4 REPRESENTED BY MALLIKARJUN i.e., P1 FATHER) ALL AT NO.48/25, NEW NO.15, 7TH MAIN, 8TH CROSS, VENKATAPURA, KORMANGALA 1ST BLOCK, BENGALURU - 560 034. …PETITIONERS (BY SRI. LAKSHA KALAPPA B, ADVOCATE) Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010461102025 NC: 2026:KHC:38944 CP No. 262 of 2025 AND: SMT. SHWETHA D/O SHARANAGOUDA, AGED ABOUT 38 YEARS, RESIDING AT HIREJAVOOR VILLAGE, LINGASUGUR, RAICHUR, KARNATAKA - 584 127. …RESPONDENT (BY SRI. HARSHA M. MUTALIK, ADVOCATE) THIS CIVIL PETITION IS FILED UNDER SEC. 24 OF THE CIVIL PROCEDURE CODE. 1908 PRAYING TO TRANSFER THE PETITION IN G AND WC NO.5/2025, IN THE FILE OF SENIOR CIVIL JUDGE, LINGSUGUR, RAICHUR TO THE JURISDICTIONAL COURT IN BENGALURU FOR ADJUDICATION IN ACCORDANCE WITH LAW. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL ORDER Learned counsel for the petitioners is present. 2. The office has raised an objection regarding the maintainability of the present civil petition on the ground that the present petition is to be filed before the Kalaburagi Bench. - 3 - HC-KAR CNR: KAHC010461102025 NC: 2026:KHC:38944 CP No. 262 of 2025 The transfer sought by petitioner No.1/husband from Senior Civil Judge, Lingsugur, Raichur, to the jurisdictional Family Court at Bengaluru. Therefore, it can be filed either before the Principal Bench at Bengalore or before the Kalaburagi Bench. Therefore, the said objection raised by the office regarding maintainability is not sustainable. 3. Admittedly, the office has raised an objection regarding the maintainability of the present civil petition on the ground that G & WC No.5/2025 is filed before the Senior Civil Judge, Lingsugur, Raichur. As such, the present civil petition is to be filed before the Kalaburagi Bench. But initially petitioner No.1/husband had filed a petition for divorce before the Principal Judge, Family Court, Bengaluru and the same was allowed. It is stated that the children are staying with petitioner No.1 from the year 2024. Thereafter, the respondent-wife filed G & WC No.5/2025 before the Senior Civil Judge, Lingsugur, Raichur and the said Court has no jurisdiction, as it is to be fixed where children are residing. 4. In spite of service of notice, learned counsel for the respondent did not turned up. - 4 - HC-KAR CNR: KAHC010461102025 NC: 2026:KHC:38944 CP No. 262 of 2025 5. Heard the arguments of learned counsel for the petitioners. 6. This Civil Petition is filed by the petitioners for transfer of G & WC No.5/2025, filed by the respondent-wife before the Senior Civil Judge, Lingsugur, Raichur, to the jurisdictional Family Court at Bengaluru. 7. Learned counsel for the petitioners stated that petitioner No.1 previously filed M.C.No.2836/2024 before the Principal Judge, Family Court, Bengaluru, on 28.04.2025. The marriage between the parties was dissolved in the said order. It is further stated that the marriage between the parties was solemnized on 15.12.2006 and they have three children, namely, two sons and a daughter, aged 16, 15 and 10 years, respectively. The children have been residing with petitioner No.1/husband since 2024 in Bengaluru. Therefore, the respondent-wife has filed G & WC No.5/2025 before the Court of the Senior Civil Judge, Lingsugur, Raichur, which is not having any jurisdiction. Therefore, requested for transfer of the said proceedings to the jurisdictional Family Court at Bengaluru, where the children are residing. - 5 - HC-KAR CNR: KAHC010461102025 NC: 2026:KHC:38944 CP No. 262 of 2025 8. It is also stated that the respondent/wife intends to file a petition for restoration of the matrimonial case and to challenge the divorce. Therefore, this Court finds it just and reasonable to transfer G & WC No.5/2025 pending before the Court of Senior Civil Judge, Lingsugur, Raichur, to the jurisdictional Family Court at Bengaluru. Accordingly, the Civil Petition is allowed. Sd/- (P SREE SUDHA) JUDGE AMA List No.: 1 Sl No.: 2