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2026 DAILYLAW 37824 (KAR)

SMT.KAVYA B.K. v. SUPREM GOWDA P

CP/216/2026 · 2026-08-27

P Sree Sudha

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010454732026 NC: 2026:KHC:46389 CP No. 216 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA CIVIL PETITION NO. 216 OF 2026 BETWEEN: SMT.KAVYA B.K. W/O SUPREM GOWDA P D/O KALINGAPPA B M, AGED ABOUT 32 YEARS, RESIDING AT NO.163, KUDALA SANGAMA, 23RD MAIN ROAD, SRINIVAS NAGARA, NANDINI LAYOUT, BENGALURU - 560 096. …PETITIONER (BY SRI. SRIDHARA T, ADVOCATE AND SRI. SHIVAKUMARAPPA T.C, ADVOCATE) AND: SUPREM GOWDA P S/O LATE C. PRAKASH AGED ABOUT 36 YEARS, R/AT NO. 1763, 2ND MAIN ROAD KUMBARA KOPPALU, MYSURU - 570 016. …RESPONDENT (BY SRI. A. MADHUSUDHAN RAO, ADVOCATE) THIS CP IS FILED UNDER SEC.24 OF CPC., PRAYING TO WITHDRAW THE MC NO.369 OF 2026 FROM THE FILE OF THE III ADDITIONAL PRL. JUDGE, FAMILY COURT, MYSURU AND TRANSFER THE SAME TO THE PRL. JUDGE, FAMILY COURT, Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010454732026 NC: 2026:KHC:46389 CP No. 216 of 2026 BENGALURU, BY ALLOWING THIS PETITION IN THE INTEREST OF JUSTICE AND EQUITY. 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/wife for transfer of M.C.No.369/2026 filed by the respondent/husband for divorce before the III Additional Principal Judge, Family Court, Mysuru, to the Principal Judge, Family Court, Bengaluru. 3 It is stated that the petitioner is residing with her sister at Bengaluru. Therefore, she has sought transfer of the case to the Family Court at Bengaluru. The petitioner is also having a male child aged three years. The distance between the two places is 146 kilometres. It is stated that it is inconvenient for the petitioner to travel all the way and she requires a sum of Rs.1,000/- towards travelling expenses, Rs.100/- per trip towards auto-rickshaw charges and Rs.500/- towards food and - 3 - HC-KAR CNR: KAHC010454732026 NC: 2026:KHC:46389 CP No. 216 of 2026 other expenses. It is further stated that the petitioner has received threats from the respondent, if she attends the Court at Mysuru. 4. In the objections filed by the respondent, it is contended that he has already filed G&WC case before the Court at Mysuru. At that time, the petitioner was residing at Mysuru and she shifted to Bengaluru only after the filing of the case. It is further contended by the respondent that the petitioner is not residing with her sister at Bengaluru. The rental agreement shows that the petitioner is paying rent of Rs.25,500/- per month. On that basis, it is contended that the petitioner is financially capable of maintaining herself. It is stated that the petitioner holds a Master's degree in Financial Management and prior to her marriage, she was working in JP Morgan. It is further stated that she continued to work until she conceived the child and thereafter left her job. 5. Learned counsel appearing for the respondent stated that the respondent is ready to bear the travelling expenses of the petitioner whenever she attends the Court at Mysuru. The respondent slipped in front of the house and - 4 - HC-KAR CNR: KAHC010454732026 NC: 2026:KHC:46389 CP No. 216 of 2026 suffered nerve compression on L4 and L5 and he cannot walk normally. It is further stated that the petitioner is also aware of the respondent's health condition. According to the respondent, he suffered the said fall in the year 2023, but no medical records or certificates are enclosed. The petitioner herein mainly contented that it is inconvenient for her to travel all the way from Bengaluru to Mysuru to attend the Court. 6. Admittedly, the petitioner holds a Master's degree and was working in a reputed institution. Therefore, her contention that she is unable to travel a distance of 146 kilometres cannot be accepted. It is not in dispute that the petitioner is residing with a minor child aged three years. The respondent contended that the petitioner shifted to Bengaluru only after filing of G&WC No.42/2026 before the Court at Mysuru. Therefore, this Court finds no justifying reasons for transfer of the case from the Court at Mysuru to the Family Court at Bengaluru. Accordingly, the civil petition is dismissed. However, considering the fact that the petitioner is required to travel from Bengaluru to Mysuru along with a minor child, the respondent is directed to bear the travelling and stay - 5 - HC-KAR CNR: KAHC010454732026 NC: 2026:KHC:46389 CP No. 216 of 2026 expenses incurred by the petitioner whenever she is required to attend the Court at Mysuru. The petitioner is also at liberty to file her chief affidavit and can be cross-examined either through Commissioner or through video conferencing facility. The Family Court at Mysuru is specifically directed not to insist upon the personal appearance of the petitioner/wife unless there is any requirement by the Court. Sd/- (P SREE SUDHA) JUDGE AMA List No.: 1 Sl No.: 10