- 1 - HC-KAR CNR: KAHC010463362026 NC: 2026:KHC:46001 CP No. 222 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA CIVIL PETITION NO. 222 OF 2026 BETWEEN: SRI. SUBRAMANYA GANESH HEGDE AGED ABOUT 40 YEARS, S/O GANAESH RAMACHANDRA HEGDE, R/AT PAAVLAMAKKI, VANDOOR, UTTARA KANNADA DISTRICT - 581 341. …PETITIONER (BY SRI. RAJENDRA S, ADVOCATE) AND: SMT. GOWRI PRIYA AGED ABOUT 29 YEARS, W/O SUBRAMANYA GANESH HEGDE, R/O NO.59, 2ND FLOOR, 9TH CROSS, 1ST 'A' MAIN, ANANDA LAYOUT, THINDLU, BENGALURU NORTH TALUK, BENGALURU - 560 097. …RESPONDENT (BY SRI. B.S. JEEVAN KUMAR, ADVOCATE) THIS CP IS FILED UNDER SEC.24 OF CPC., PRAYING TO PASS AN ORDER WITHDRAWING THE PETITION FILED BY THE RESPONDENT AGAINST THE PETITIONER UNDER SEC.13(1) (ia) OF THE HINDU MARRIAGE ACT, 1955 IN MC Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010463362026 NC: 2026:KHC:46001 CP No. 222 of 2026 NO.3373/2026, PENDING ON THE FILE OF THE LEARNED II ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BENGALURU, AND TRANSFER THE SAME TO THE COURT OF THE LEARNED SENIOR CIVIL JUDGE, HONNAVAR, IN ACCORDANCE WITH LAW, BY ALLOWING THIS PETITION. 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 for the both sides. 2. This Civil Petition is filed by the petitioner/husband for transfer of M.C.No.3373/2026 filed by the wife for divorce before the II Additional Principal Judge, Family Court, Bengaluru, to the Court of Learned Senior Civil Judge, Honnavar. 3. It is stated that the petitioner is working as a priest and his marriage with the respondent was solemnized on 18.11.2015. The parties were blessed with two girl children, aged 7 and 4 years respectively, who are presently residing and - 3 - HC-KAR CNR: KAHC010463362026 NC: 2026:KHC:46001 CP No. 222 of 2026 pursuing their studies in Bengaluru. The petitioner met with an accident on 27.10.2021 and sustained 85% permanent disability. The respondent was working as an Office Assistant in the temple from 2014 till 24.03.2026 and she voluntarily left the matrimonial home and started residing at her parental home in Bengaluru. The petitioner stated that he came to know about the filing of the case only upon receiving the summons on 15.06.2026. The respondent has also filed an application for interim maintenance. The petitioner contends that the said application has been filed only to avoid the responsibility of taking care of the petitioner, as he became permanently disabled due to the accident in the year 2021. Therefore, requested for transfer of the case. 4. Learned counsel for the respondent stated that it is inconvenient for the respondent to travel to Honnavar along with the two minor children. It was further stated that, as per the discharge summary dated 23.04.2026, the petitioner can walk with the stretcher. But the observations recorded in the discharge summary are as follows: - 4 - HC-KAR CNR: KAHC010463362026 NC: 2026:KHC:46001 CP No. 222 of 2026 "Spinal cord injury with multiple fracture T10-L1 with lysthesis T11-T12 with paraplegia. He underwent T10-T11 to T12-L1 transpedicular screw fixation and stabilization on 27.10.2021." The petitioner has also filed the disability certificate issued by Seva Bharathi. The photograph has been filed to show that he was moving in a wheelchair. Merely because he is able to move with the stretcher, it cannot be said that he is capable of walking like a normal person. 5. Admittedly, after the accident, the respondent-wife deserted the petitioner-husband and filed M.C.No.3373/2026 for divorce before the II Additional Principal Judge, Family Court, Bengaluru. She is presently residing in Bengaluru along with the children. But the petitioner is residing at Honnavar and it is inconvenient for him to travel all the way to Family Court at Bengaluru, due to the injuries sustained in the accident. Therefore, this court finds that it is just and reasonable to transfer M.C.No.3373/2026 filed by the wife for divorce from the II Additional Principal Judge, Family Court, Bengaluru, to the Court of Learned Senior Civil Judge, Honnavar. - 5 - HC-KAR CNR: KAHC010463362026 NC: 2026:KHC:46001 CP No. 222 of 2026 Accordingly, the Civil Petition is allowed. The Family Court is directed not to insist upon the personal appearance of the respondent/wife unless there is any requirement by the Court. The respondent can file her chief affidavit and can be cross-examined either through Commissioner or through video conferencing facility. The respondent is entitled to travelling and stay expenses from the petitioner whenever she attends the Court. In view of the disposal of the main petition, all the pending IAs', if any, stands disposed of. Sd/- (P SREE SUDHA) JUDGE AMA List No.: 1 Sl No.: 8