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2026 DAILYLAW 37059 (KAR)

SMT DEEPU A R v. ABHILASH S

CP/262/2026 · 2026-08-24

P Sree Sudha

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010529942026 NC: 2026:KHC:45493 CP No. 262 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA CIVIL PETITION NO. 262 OF 2026 BETWEEN: SMT DEEPU A R W/O ABHILASH.S, D/O RENUKAPPA, AGED ABOUT 37 YEARS, R/O ANCHEPALYA VILLAGE, HUTRIDURGA HOBLI. KUNIGAL-TALUKA-572130, TUMKUR-DISTRICT. PETITIONER (BY SRI. HALLI SHANTAPPA BASAPPA.,ADVOCATE) AND: 1. ABHILASH S S/O SATISH, B, AGED ABOUT 35 YEARS R/O NO. 600, GROUND FLOOR, 4TH CROSS, AVALAHALLI BDA LAYOUT, KASURAB COLONY, BENGALURU-560064. CURRENTLY R/O C/O NO-38, 1ST CROSS, SRIRANGANAGARA, GIRINAGAR, BENGALURU-560085. RESPONDENT Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010529942026 NC: 2026:KHC:45493 CP No. 262 of 2026 THIS CP IS FILED UNDER SEC.24 OF CPC., PRAYING TO WITHDRAW THE MC NO.1586/2026 ON THE FILE OF 3RD ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, AT BENGALURU AND SAME IS TRANSFER TO PRINCIPAL CIVIL JUDGE AND JMFC, AT KUNIGAL, AND PASS ANY OTHER SUITABLE ORDER/S DEEMS FIT ON THE FACTS AND CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC,. THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL ORDER Learned counsel for the petitioner is present. Learned counsel for respondent is absent. 2. This transfer petition is filed by wife for transfer of M.C No.1586/2026 filed by husband for divorce before the III Additional Principal Judge Family Court, Bengaluru, to the Court of Principal Civil Judge and JMFC, Kunigal. She also filed MC.No.21/2026 for restitution of conjugal rights before the Principal Civil Judge and JMFC, Kunigal, as such she requested for transfer. - 3 - HC-KAR CNR: KAHC010529942026 NC: 2026:KHC:45493 CP No. 262 of 2026 3. Learned counsel for the petitioner stated that the marriage between the petitioner and respondent was solemnized on 02.03.2025. The petitioner was working as a Assistant Government Prosecutor at Tumkur. The distance between both the places is 72 kilometers and she also filed MC.No.21/2026 for restitution of conjugal rights before the Senior Civil Judge and JMFC, Kunigal. Apart from that she gave complaint against the respondent in C.misc.No.197/2026 under DV Act and also another complaint under Section 498A of IPC, it is registered in FIR No.55/2026. It is stated that the respondent is not willing to receive her. Both the petitioner and respondent filed two applications, one for restitution of conjugal rights and one for divorce. To avoid conflicting judgments case both the petitions filed for restitution of conjugal rights and divorce are to be tried by one Court. 4. Learned counsel for respondent has not turned up. 5. Considering the reasons stated by the learned counsel for petitioner, this Court finds it reasonable to transfer - 4 - HC-KAR CNR: KAHC010529942026 NC: 2026:KHC:45493 CP No. 262 of 2026 MC.No.1586/2026 filed by husband for divorce from the Court of III Additional Principal Judge Family Court, Bengaluru to the Court of learned Principal Civil Judge and JMFC at Kunigal. The Principal Civil Judge and JMFC, Kunigal, is directed to club both M.C.No.1586/2026 and MC.No.21/2026 and to dispose of the matters together to avoid conflicting judgments. Ordered accordingly. 6. In the result, the petition is allowed. Sd/- (P SREE SUDHA) JUDGE PNV List No.: 1 Sl No.: 5