Extracted from the PDF above. The PDF is authoritative.
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HC-KAR
CNR: KAHC010438572026 NC: 2026:KHC:51052 CP No. 209 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI CIVIL PETITION NO. 209 OF 2026 BETWEEN:
SMT. MANGALADEVI H.C., W/O. N. SATHISH SHINDE, AGED ABOUT 41 YEARS, R/AT NO.1172/B, VASANTH MAHAL, BAJJANNA LANE, VISHNUVARDHANA ROAD, CHAMARAJAPURAM, MYSURU - 570 005.
ALSO UNDER THE CARE OF H.C. CHANDRAMOHAN, SAKETH BADAVANE, RESIDING AT NEAR SRI SATHYA SHANESHWARA SWAMY TEMPLE, MYSORE ROAD, BEHIND AGRICULTURE DEPARTMENT, HUNSUR - 571 105. …PETITIONER (BY SRI. LEELADHAR H P., ADVOCATE) AND:
SRI. SATHISH N SHINDE, S/O NAMDEV SHINDE, AGED ABOUT 47 YEARS, R/AT SRI. LAKSHMI BUILDING, NO.143, 4TH CROSS, SHIVA NAGAR, CHALLAKERE, CHITRADURGA DISTRICT - 577 522. …RESPONDENT (NOTICE SERVED AND UNREPRESENTED)
Digitally signed by REKHA R Location: High Court of Karnataka
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HC-KAR
CNR: KAHC010438572026 NC: 2026:KHC:51052 CP No. 209 of 2026
THIS CP FILED UNDER SECTION 24 OF CPC., PRAYING TO DIRECT THE SENIOR CIVIL JUDGE AND MFC, CHALLAKERE TO TRANSFER MC NO.3/2026 TO THE COURT OF THE PRINCIPAL SENIOR CIVIL JUDGE AND JMFC, HUNSUR, AND TO PROCEED WITH THE MATTER PENDING CRL. MISC NO.77/2026 AND DISPOSE OF THE SAME IN ACCORDANCE WITH LAW, IN THE INTEREST OF JUSTICE AND ETC.,
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 M.C.no.3/2026 from file of Senior Civil Judge, Challakere, to Senior Civil Judge & JMFC at Hunsur to be tried along with Crl.Misc.no.77/2026, this petition is filed. 2. Sri Leeladhar H.P, learned counsel for petitioner submitted that marriage of petitioner and respondent was solemnized on 25.11.2002 at Hunsur. After marriage, petitioner led marital life with respondent. In course of same, two children were born, who are presently studying MBA and BCS respectively. However, due to marital
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HC-KAR
CNR: KAHC010438572026 NC: 2026:KHC:51052 CP No. 209 of 2026
discord, petitioner was constrained to reside with her parents/brothers at Hunsur, who were also funding education of her children. 3. It was stated that respondent had filed M.C.no.3/2026 under Section 9 of Hindu Marriage Act, 1955, before Senior Civil Judge & JMFC, Challakere which was at distance of 280 kms from Hunsur. 4. It was submitted that in meanwhile petitioner had filed Crl. Misc. no.77/2026 under Section 144 of Bharatiya Nagarik Suraksha Sanhita, 2023, for maintenance. Since she was without any source of income and maintenance, she was finding it difficult to travel to Challakere situated at distance of 280 kms from Hunsur and prosecute said petition. Hence, petition for transfer. 5. Notices were issued. Respondent though served, has chosen to remain unrepresented. There is no opposition to petition. - 4 -
HC-KAR
CNR: KAHC010438572026 NC: 2026:KHC:51052 CP No. 209 of 2026
6. Petitioner's assertion about being without source of income and in need of maintenance as well as pendency of petition for maintenance at Hunsur, are unrebutted. In view of above, as held by Hon'ble Supreme Court in N.C.V.Aishwarya v. A.S. Saravana Karthik Sha reported in 2022 SCC OnLine SC 1199, Sumita Singh v. Kumar Sanjay and Another reported in (2001) 10 SCC 41 and in Rajani Kishore Pardeshi v. Kishor Babulal Pardeshi reported in (2005) 12 SCC, that in case of petition for transfer of matrimonial proceedings, convenience of wife would be paramount importance as well as for consolidation of proceedings between parties at one place, petition would require to be allowed. 7. Accordingly, petition is allowed.
7. Accordingly, petition is allowed. Proceeding in M.C.no.3/2026 stands withdrawn from Court of Senior Civil Judge and JMFC, Challakere, and transferred to Court
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HC-KAR
CNR: KAHC010438572026 NC: 2026:KHC:51052 CP No. 209 of 2026
of Principal Senior Civil Judge and JMFC, Hunsur, to be tried along with Crl.Misc.no.77/2026. Sd/- (RAVI V HOSMANI) JUDGE
DR List No.: 1 Sl No.: 15