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2026 DAILYLAW 38243 (KAR)

SMT. SHALINI Y N v. SRI ARUN KUMAR S

CP/53/2026 · 2026-08-29

P Sree Sudha

Transfer Petitionbody2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010077192026 NC: 2026:KHC:46865 CP No. 53 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA CIVIL PETITION NO. 53 OF 2026 BETWEEN: SMT. SHALINI Y N W/O ARUN KUMAR.S, AGED ABOUT 33 YEARS, RESIDING AT NO. 54, YAMAURU, MALAVALLI TQ, MANDYA DISTRICT - 571430. PETITIONER (BY SRI. DR. SHYAM KUMAR S U.,ADVOCATE) AND: SRI ARUN KUMAR S S/O SIDDALINGAIAH, AGED ABOUT 34 YEARS, RESIDING AT NO. 215, DASANA KOPPALU, SC COLONY, BEERTHUNDI MYSURU DISTRICT - 570026. RESPONDENT THIS CP IS FILED UNDER SECTION 24 OF CPC, PRAYING TO WITHDRAW THE MC NO. 1094/24 PENDING ON THE FILE OF THE II ADDITIONAL PRL JUDGE, FAMILY COURT, MYSURU AND TRANSFER THE SAME TO THE COURT OF SENIOR CIVIL JUDGE AND JMFC, MALAVALLI, MANDYA DISTRICT, BY ALLOWING Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010077192026 NC: 2026:KHC:46865 CP No. 53 of 2026 THIS PETITION, 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 Learned counsel for the petitioner is present. 2. Notice of respondent returned with an endorsement as 'un-claimed', therefore, it is treated as a proper service. But the respondent or his counsel not turned up and placed ex- parte. 3. This transfer petition is filed by wife for transfer of MC.No.1094/2024 filed by husband for divorce before the II Additional Principal Judge, Family Court, Mysuru to the Court of Senior Civil Judge and JMFC, Malavalli, Mandya District. 4. Learned counsel for the petitioner stated that the marriage between petitioners and respondent was performed on 04.05.2022 and they have blessed with girl child. The petitioner is residing in Malavalli along with her parents and minor child aged 2 years. The distance between both the places - 3 - HC-KAR CNR: KAHC010077192026 NC: 2026:KHC:46865 CP No. 53 of 2026 is 48 kilometres. It is also stated that petitioner is also pursuing and is also continuing her education. She filed Crl.Misc.No.833/2025 for maintenance under Section 144 of Bharatiya Nagarik Suraksha Sanhita, 2023. 5. In the absence of respondent's arguments, considering the argument of the petitioner himself, this Court finds that it is just and reasonable to transfer MC.No.1094/2024 filed by husband for divorce before the II Additional Principal Judge, Family Court, Mysuru to the Court of Senior Civil Judge and JMFC, Malavalli, Mandya District. Ordered accordingly. 6. In the result, the petition is allowed. Sd/- (P SREE SUDHA) JUDGE PNV List No.: 1 Sl No.: 1