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2026 DAILYLAW 40694 (KAR)

SMT K G VIDYA v. SRI D C MANJUNATH

CP/156/2026 · 2026-09-11

Ravi V Hosmani

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010332712026 NC: 2026:KHC:49708 CP No. 156 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI CIVIL PETITION NO.156 OF 2026 BETWEEN: SMT.K G VIDYA W/O D.C.MANJUNATH D/O GOVINDE GOWDA AGED ABOUT 34 YEARS, R/O NO.125, OM NILAYA NTB BADAVANE, NEARF BYPASS ROAD, NEW SIDDAPURA, BHADRAVATHI, SHIVAMOGGA DISTRICT- 577 301. …PETITIONER (BY SRI CHANDRASHEKAR, ADVOCATE) AND: SRI D C MANJUNATH S/O D.C.CHIKKANNA, AGED ABOUT 40 YEARS, R/AT. NO.89., 1ST MAIN ROAD, MARAPPA LAYOUT, H.V.HALLI, RAJARAJESWARI NAGAR, BANGALORE SOUTH - 560 098. …RESPONDENT (BY SRI KIRAN KUMAR H., ADVOCATE) THIS CP IS FILED UNDER SEC.24 OF CPC., PRAYING TO WITHDRAW THE ENTIRE PROCEEDINGS IN MC NO.1356/2026 PENDING ON THE FILE OF PRL. JUDGE, FAMILY COURT, AT Digitally signed by ANUSHA V Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010332712026 NC: 2026:KHC:49708 CP No. 156 of 2026 BANGALORE AND TO TRANSFER THE SAME PRL. SENIOR CIVIL JUDGE AND JMFC, AT BHADRAVATHI. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI ORAL ORDER Seeking for transfer of proceedings in MC no.1356/2026 on file of Principal Judge Family Court, Bangalore to Principal Senior Civil Judge and JMFC, Bhadravati, this petition is filed. 2. Sri Chandrashekar, learned counsel for petitioner submitted that marriage of petitioner and respondent was solemnized on 13.02.2017 at Bhadravati and from their wedlock, two children were born. Subsequent marital discord constrained petitioner to move to her maternal home at Bhadravati along with children. That respondent filed divorce petition before Principal Judge, Family Court at Bangalore, while petitioner filed petition for maintenance in Criminal Miscellaneous no.224/2026 before Principal Civil Judge and JMFC, Bhadravati. It was submitted that since petitioner was without any source of income and maintenance and distance - 3 - HC-KAR CNR: KAHC010332712026 NC: 2026:KHC:49708 CP No. 156 of 2026 between Bangalore and Bhadravati was more than 270 kilometres, it was extremely difficult for petitioner to effectively prosecute proceedings at Bangalore and therefore, sought for transfer of petition. 3. On other hand, Sri Kiran Kumar H., learned counsel for respondent opposed petition. It was submitted, respondent was having Tiles Showroom business at Bangalore and if proceedings were transferred to Court at Bhadravati, he would face inconvenience and hardship in running his business and proceedings would dilate and therefore, sought dismissal of petition. 4. Heard learned counsel and perused petition. 5. This petition is for transfer of proceedings in MC no.1356/2026 on file of Principal Judge, Family Court, Bangalore to Principal Senior Civil Judge and JMFC, Bhadravati. 6. Hon'ble Supreme Court in cases of Sumita Singh v. Kumar Sanjay & Anr., reported in (2001) 10 SCC 41; Rajani Kishor Pradeshi v. Kishor Babulal Pardeshi, - 4 - HC-KAR CNR: KAHC010332712026 NC: 2026:KHC:49708 CP No. 156 of 2026 reported in (2005) 12 SCC 237 and NCV Aishwarya v. AS Saravana Karthik Sha, reported in (2022) SCC OnLine SC 1199, has held that while considering petition for transfer of matrimonial proceedings, convenience of wife would be of paramount consideration. In instant case, besides petition sought to be transferred, petition for maintenance filed by wife is pending at Bhadravati and respondent would require to attend same at Bhadravati in any case. Therefore for consolidation of proceedings at one place, besides convenience of wife, petition would require consideration. 7. Hence, petition is allowed, proceedings in MC no.1356/2026 pending before Principal Judge Family Court, Bangalore stands withdrawn and transferred to Principal Senior Civil Judge and JMFC, Bhadravati. Transferring Court is directed to expedite proceedings. Sd/- (RAVI V HOSMANI) JUDGE GRD List No.: 1 Sl No.: 14