Extracted from the PDF above. The PDF is authoritative.
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HC-KAR
CNR: KAHC010377432026 NC: 2026:KHC:52086 CP No. 175 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI CIVIL PETITION NO. 175 OF 2026 BETWEEN:
SMT. SHOBHA W/O. SRI. A.R. PRAVEEN, AGED ABOUT 38 YEARS, R/AT. HANUMANTHA GOUDRA BALANA GOUDRA KANADE AREA, KUMARA PATTAM, RANE BENNUR TALUK HAVERE DISTRICT - 581 123 …PETITIONER (BY SRI. GANAPATHI NARAYANA BHAT, ADVOCATE) AND:
SRI. A.R. PRAVEEN S/O. SRI. A.R. RAMACHANDRAPPA, AGED ABOUT 40 YEARS, R/AT. DAIRY SCIENCE COLLEGE, C-22, UAS CAMPUS, HEBBAL, OPPOSITE TO VATERINARY COLLEGE BENGALURU - 560 024 …RESPONDENT (BY SRI. HARISH N.R., ADVOCATE)
THIS CIVIL PETITION IS FILED U/S. 24 OF CPC PRAYING TO PASS AND ORDER FOR THE TRANSFER OF G AND WC NO.12/2026 ON THE FILE OF THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, AT CHITRADURGA TO THE COURT OF 2ND ADDITIONAL SENIOR CIVIL SESSIONS JUDGE AND JMFC AT RANEBENNUR AND CLUBBED WITH MC NO.4238/2022, IN THE INTEREST OF JUSTICE AND EQUITY.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
Digitally signed by HEMALATHA J Location:
HIGH COURT OF KARNATAKA
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HC-KAR
CNR: KAHC010377432026 NC: 2026:KHC:52086 CP No. 175 of 2026
CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI
ORAL ORDER
Seeking for transfer of proceedings in G&W.C. no.12/2026 pending on file of Principal District and Sessions Judge at Chitradurga to Court of II Additional Senior Civil Judge and JMFC at Ranebennur, Haveri to be clubbed along with M.C.no.4238/2022 stated to be pending before said Court this petition is filed.
2. Sri Ganapathi Narayana Bhat, learned counsel for petitioner submits that marriage of petitioner and respondent was solemnized on 16.06.2013 at Saroja Bai Community Hall, Chitradurga. Thereafter, petitioner led her marital life with respondent at Kalaburagi and Bengaluru respectively. In course of same, a child was born on 25.12.2016. Due to subsequent marital discord, she was constrained to stay away from respondent and was residing with her parents and minor child at Ranebennur.
3. It is stated that she did not have any source of income and was dependent on maintenance of Rs.8,000/- being
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HC-KAR
CNR: KAHC010377432026 NC: 2026:KHC:52086 CP No. 175 of 2026
paid by respondent. She had earlier filed M.C.no.94/2022 under Section 9 of Hindu Marriage Act, 1955 for restitution of conjugal rights. Respondent had earlier filed M.C.no.4238/2022 before Family Court at Bengaluru seeking divorce. It is stated that in C.P.no.409/2023 filed by petitioner herein, said proceedings vide order dated 19.11.2024 stood transferred to Court of II Additional Civil Judge and JMFC at Ranebennur, Haveri. It was submitted that though M.C.no.94/2022 was disposed of, M.C.no.4238/2024 was pending.
4. It was submitted that petitioner was finding it difficult to attend proceedings at Chitradurga and not only on ground of convenience but also for consolidation of proceedings before one Court, petition was required to be allowed. It was further submitted that same would also be in accordance with
order dated 19.11.2024 passed in C.P.no.409/2023.
5. On the other hand, Sri Harish N.R. learned counsel for respondent referring to his statement of objections would oppose petition. It was submitted that respondent was a Associate Professor, Department of Dairy Technology and Dairy
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HC-KAR
CNR: KAHC010377432026 NC: 2026:KHC:52086 CP No. 175 of 2026
Science College, Bengaluru. In case of transfer of proceedings from Chitradurga to Ranebennur, respondent would require to travel 300 k.m. from Bengaluru. Apart from above, he had to attend to his old aged parents at Chitradurga. On said ground sought for dismissal.
6. Heard learned counsel and perused material on record.
7. This petition is by wife seeking transfer of G&W.C. no.12/2026 filed by husband and pending before Court at Chitradurga to Court at Ranebennur. It is not in dispute that her earlier petition in C.P.no.409/2023 seeking transfer of M.C.no.4238/2022 filed by respondent for divorce before Bengaluru Court was allowed and proceedings were transferred to Ranebennur. Present petition is filed seeking transfer of G&W.C.no.12/2026 on similar grounds. Though petition is opposed by respondent on ground that distance between Chitradurga and Ranebennur is about 100 kilometres, Ranebennur is neither place of residence of petitioner nor place of work of respondent and therefore, in either case, respondent has to travel, hence, contention regarding comparative
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HC-KAR
CNR: KAHC010377432026 NC: 2026:KHC:52086 CP No. 175 of 2026
hardship cannot be accepted. 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 257, have held in a petition seeking transfer of matrimonial proceedings, convenience of wife would be paramount importance. Apart from above for consolidation of proceedings between parties at one place also present petition would require to be allowed.
8. Accordingly, petition is allowed. Proceeding in G.&W.C. no.12/2026 stands withdrawn from Court of Principal District and Sessions Judge, Chitradurga and transferred to Court of II Additional Senior Civil Judge and JMFC, Ranebennur to be tried along with M.C.no.4238/2022. Sd/- (RAVI V HOSMANI) JUDGE HJ List No.: 1 Sl No.: 2