Extracted from the PDF above. The PDF is authoritative.
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HC-KAR
CNR: KAHC010457752026 NC: 2026:KHC:39222 CP No. 217 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JULY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA CIVIL PETITION NO. 217 OF 2026 BETWEEN:
MRS. TARA B B AGED 35 YEARS, W/O MR. VAYUSUTHA M, D/O SRI. BHOJAPUJARI R/AT 2-8/5, SUBHALAKSHMI RESIDENCY, BENJANA PADAVU, BANTWAL TALUK, OPP KALPANA HOTEL, BADAGABELLUR, DAKSHINA KANNADA DISTRICT, PIN-574219.
PETITIONER (BY SRI. ARUNA BANGERA.,ADVOCATE) AND:
SRI. VAYUSUTHA M S/O SRI. MANJUNATH T.D., AGED ABOUT 40 YEARS, WORKING AS ASSISTANT PROFESSOR, R/O 31-3, SHRINIVASA NILAYA, OLD BARLINE, NEAR KOTE POLICE STATION, SHIVAMOGGA - 577 201 EMAIL- VAYU.SUTHA@GMAIL.COM-.
RESPONDENT (V/O DTD 28.07.2026 NOTICE HELD SUFFICIENT)
THIS CP IS FILED U/S. 24 OF CPC PRAYING TO PASS AN
ORDER TRANSFERRING THE CASE, NOW PENDING IN M.C. NO.
135/2026 PENDING ON THE FILE OF THE PRINCIPAL JUDGE, FAMILY COURT AT SHIVAMOGGA TO THE COMPETENT FAMILY COURT AT MANGALORE, DAKSHINA KANNADA OR THE COURT
Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka
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HC-KAR
CNR: KAHC010457752026 NC: 2026:KHC:39222 CP No. 217 of 2026
OF SENIOR CIVIL JUDGE AT BANTWAL, D.K. FOR DISPOSAL IN ACCORDANCE WITH LAW, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC,.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA
ORAL ORDER
Notice is served upon the counsel for the respondent before the Trial Court on 17.07.2026 and memo is filed to the effected.
2.
Learned counsel for the petitioner is present.
Learned counsel for respondent is absent.
3. This transfer petition is filed by wife for transfer of MC.No.135/2026 filed by husband for divorce before the Principal Judge, Family Court, Shivamogga to the Family Court, Mangalore, Dakshina Kannada or to the Court of Senior Civil Judge, Bantwal, D.K.
4.
Learned counsel appearing for the petitioner submits that marriage between the petitioner and respondent was solemnized on 23.05.2018. They are blessed with girl child
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HC-KAR
CNR: KAHC010457752026 NC: 2026:KHC:39222 CP No. 217 of 2026
now aged 5 years. Petitioner and her minor child are residing together at Bantwal. Both the petitioner and respondent are working as Assistant Professors at Bantwal previously. Now respondent-husband shifted to Shivamogga and he filed divorce petition there. Wife also filed MC.No.59/2026 for restitution of contractual rights before Senior Civil Judge and JMFC, Bantwal and also Cril.Misc.No.368/2026 for maintenance before the same Court. Distance between both places is 185 kilometers and it is difficult for her to travel all the way.
5.
Learned counsel for the respondent has not turned up.
6. Considering the arguments of learned counsel for the petitioner, as both the parties filed two cases, one for divorce and another for restitution of conjugal rights and both are to be tried by one Court to avoid conflicting judgments. Therefore, this court finds that, it is just and reasonable to transfer MC.No.135/2026 filed by husband for divorce before the Principal Judge, Family Court, Shivamogga to the Court of Senior Civil Judge, Bantwal, D.K,. The Trial Court is directed to club both the matters i.e., MC.No.59/2026 and
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HC-KAR
CNR: KAHC010457752026 NC: 2026:KHC:39222 CP No. 217 of 2026
MC.No.135/2026 and to dispose of them at a time to avoid conflicting judgments. Ordered accordingly. In the result, the petition is allowed. In view of disposal of main petition IA filed for stay is closed.
Sd/- (P SREE SUDHA) JUDGE
PNV List No.: 1 Sl No.: 4