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2026 DAILYLAW 37132 (KAR)

SMT SHRUTI v. CHANNABASAVA S

CP/251/2026 · 2026-08-24

P Sree Sudha

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010517822026 NC: 2026:KHC:45492 CP No. 251 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. 251 OF 2026 BETWEEN: 1. SMT SHRUTI W/O CHANNABASAVA.S, AGED ABOUT 28 YEARS, (MALLESHOPPO KADEMANT) R/O ASHRAYA BADAVANE, G-BLOCK, NEAR BY ANNAPURNESWARI TEMPLE, HOSBOMMANAKATTE, SHIVAMOGGA-TALUK, SHIVAMOGGA-DISTRICT-577204. PETITIONER (BY SRI. HALLI SHANTAPPA BASAPPA.,ADVOCATE) AND: 1. CHANNABASAVA S S/O SHIVAPUTRAPPA, AGED ABOUT 30 YEARS, OCC COOLIE, R/O ANAVATTI-TIMMAPURA BADAVANE, ANAVATTI-HOBLI, SORABA-TALUK, SHIVAMOGGA-DISTRICT-577413. RESPONDENT THIS CP IS FILED U/S. 24 OF CPC PRAYING TO WITHDRAW THE MC NO. 31/2026 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC AT SORABA, AND SAME IS TRANSFER TO PRINCIPAL JUDGE, FAMILY COURT AT SHIVAMOGGA, AND PASS ANY OTHER SUITABLE ORDERS DEEMS FIT ON THE FACTS AND CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC,. Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010517822026 NC: 2026:KHC:45492 CP No. 251 of 2026 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 petitioner is present. Learned counsel for respondent is absent. 2. This transfer petition is filed by wife for transfer of M.C No.31/2026 filed by husband for restitution of conjugal rights before the Senior Civil Judge and JMFC, Soraba, to the Court of Principal Judge, Family Court, Shivamogga. She also filed MC.No.303/2026 before the Principal Judge, Family Court, Shivamogga, as such she requested for transfer. 3. Learned counsel for the petitioner has stated that marriage between the petitioner and respondent was solemnized on 23.12.2024. She is not working and earning. The distance between both places is 87 kilometres. She filed complaint against respondent and his family members. Both the petitioner and respondent filed two applications, one for restitution of conjugal rights and one for divorce. To avoid - 3 - HC-KAR CNR: KAHC010517822026 NC: 2026:KHC:45492 CP No. 251 of 2026 conflicting judgments 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 MC.No.31/2026 filed by husband for restitution of conjugal rights from the Court of Senior Civil Judge and JMFC, Soraba to the Court of learned Principal Judge Family Court at Shivamogga. The Principal Judge, Family Court, Shivamogga, is directed to club both M.C.No.31/2026 and MC.No.303/2026 and dispose of these mattes 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.: 4