- 1 - HC-KAR NC: 2026:KHC:19362 CP No. 18 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA CIVIL PETITION NO. 18 OF 2026 BETWEEN: SMT. SWAROOPA D W/O L.S VITALA, D/O DURGESH.S AGED ABOUT 28 YEARS R/A NO. 19/1, 13TH CROSS TEMPLE ROAD, MALLESHWARAM BENGALURU-560003 ADDRESS MENTIONED IN M.C NO. 104/2025 AS IT IS R/A SANGOLLIRAYANNA ROAD 6TH CROSS, GANDHINAGARA CHALLAKERE TOWN CHITHRADURGA DIST- 577522 …PETITIONER (BY SRI. MALATESH H., ADVOCATE) AND: SRI. L S VITTALA S/O SHESHAPPA (M.L SHESHU) AGED ABOUT 31 YEARS CAR DRIVER R/A 6TH CROSS GANDHINAGAR CHALLAKERE TOWN CHITRADURGA DISTRICT-577522 …RESPONDENT (BY SRI. J. R. MOHAN., ADVOCATE- AB) Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:19362 CP No. 18 of 2026 THIS CP IS FILED UNDER SEC.24 OF CPC., PRAYING TO TRANSFER THE PROCEEDINGS IN MC NO.104/2025 FILED BY THE RESPONDENT HUSBAND UNDER SEC.9 OF THE HINDU MARRIAGE ACT, 1955, PENDING IN THE FILE OF SENIOR CIVIL JUDGE AND JMFC, CHALLAKERE KINDLY BE TRANSFERRED TO PRL. JUDGE, FAMILY COURT AT BENGALURU FAMILY COURT, FOR DISPOSAL IN ACCORDANCE WITH LAW. THIS PETITION, COMING ON FOR ADMISSION, 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. Learned counsel for respondent is absent. 2. Though this matter has come up for admission, it is taken up for final hearing and disposed of by this order. 3. This transfer petition is filed by wife for transfer of M.C No.104/2025 filed by husband for restitution of conjugal rights before the Senior Civil Judge and JMFC, Challakere, Chithraduraga to the Court of Principal Judge, Family Court, Bengaluru. She also filed MC.No.3402/2025 for divorce before the Principal Judge, Family Court, Bengaluru. - 3 - HC-KAR NC: 2026:KHC:19362 CP No. 18 of 2026 4. Initially, the petitioner-wife filed M.C.No.3402/2025 before the Principal Judge, Family Court, Bengaluru for divorce. The learned counsel for the petitioner has stated that the respondent-husband started to show ego used to drink alcohol, smoke, gambling and for money started to force the petitioner, since there is a great threat to her life in the hands of respondent she left him and living separately and later he filed a petition for restitution of conjugal rights. As such, now, she is residing at Bengaluru, which is at a distance of 203 kilometres from Challakere. It is further stated that, in the meanwhile, the petitioner-wife filed criminal case against respondent under Sections 498A, 323, 509, 307 354(A) of IPC, which is still pending. To avoid conflicting judgments both the petitioners filed for restitution of conjugal rights and divorce are to be tried by one Court. 5. Learned counsel for respondent has not turned up. 6. Considering the reasons stated by the learned counsel for petitioner, this Court finds it reasonable to transfer M.C. No.104/2025 from the Senior Civil Judge and JMFC, Challakere, Chithraduraga to the Court of Principal Judge, Family Court, - 4 - HC-KAR NC: 2026:KHC:19362 CP No. 18 of 2026 Bengaluru. Principal Judge, Family Court, Bengaluru is directed to club both the M.C.No.104/2025 and MC.No.3402/2025 and dispose of the mattes together. Ordered accordingly. 7. In the result, the petition is allowed. In view of disposal of main petition IA filed for stay is closed. Sd/- (P SREE SUDHA) JUDGE PNV List No.: 1 Sl No.: 52