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2026 DAILYLAW 7302 (KAR)

SMT. SHRUTI v. SRI PAVANAKUMAR TONDIKATTI

CP/75/2026 · 2026-04-27

P Sree Sudha

Transfer Petitionbody2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:23276 CP No. 75 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA CIVIL PETITION NO. 75 OF 2026 BETWEEN: SMT. SHRUTI W/O PAVANAKUMAR TONDIKATTI AGED BOUT 28 YEARS R/AT SAHASHIV R BIRADAR BEHIND RTO OFFICE, RAJAJINAGARA VIJAYAPUR, VIJAYAPUR DISTRICT. …PETITIONER (BY SRI VAISHNAVI KOKAPUR, ADV., FOR SRI VIJAYA KUMAR, ADV.) AND: SRI PAVANAKUMAR TONDIKATTI S/O IRAPPA TONDIKATTI AGED ABOOT 30 YEARS WORKING AS ENGINEER R/AT SRI LAKSMI VENKATESHWARA NEELAYA 5TH E CROSS, 1ST MAIN RAMA TEMPLE ROAD, ANNASANDRAPALYA HAL POST BENGALURU - 560 017. …RESPONDENT (V/O DTD:27.04.2026 RESPONDENT IS PLACED AS EXPARTE) THIS CIVIL PETITION FILED UNDER SEC. 24 OF THE CIVIL PROCEDURE CODE. 1908., PRAYING TO ISSUE DIRECTION TO TRANSFER THE M.C PETITION NO. 7429/2025 FILED BEFORE THE V ADDITIONAL JUDGE, FAMILY COURT, BENGALURU TO PRINCIPAL JUDGE, FAMILY COURT, VIJAYAPUR, VIJAYAPUR DISTRICT, FOR ADJUDICATION, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:23276 CP No. 75 of 2026 ORAL ORDER 1. Heard the arguments of the petitioner. 2. This transfer petition is filed by the wife for transfer of M.C.No.7429/2025 filed by the husband for divorce, pending on the file of the V Addl. Judge, Family Court, Bengaluru to the Court of the Principal Judge, Family Court, Vijayapur, Vijayapur District. 3. It is the submission of learned counsel for the petitioner that the petitioner is residing along with her parents in Vijayapur. Her marriage with the respondent was performed in the year 2022 but they are not blessed with any children. She is not working and earning and she also has filed M.C.No.21/2026 for restitution of conjugal rights before the Family Court at Vijayapur. 4. Admittedly, both the divorce petition and the petition for restitution of conjugal rights are to be tried together to avoid conflicting judgments. The distance between Bengaluru and Vijayapura is 523 kms. Petitioner - 3 - HC-KAR NC: 2026:KHC:23276 CP No. 75 of 2026 has stated that she has financial constrains and it is not feasible for her to travel alone and spend for accommodation expenses to attend the Court proceedings. 5. Considering the reasons stated by the petitioner, this Court finds that it is just and reasonable to transfer M.C.No.7429/2025, filed by the husband, pending on the file of the V Addl. Judge, Family Court, Bengaluru to the Court of Principal Judge, Family Court, Vijayapur, to be tried along with M.C.No.21/2026 filed by the petitioner/wife for restitution of conjugal rights. 6. The Family Court, Vijayapur, is directed to club both the matters, try together and disposed off the same. 7. Accordingly, the petition is allowed. Sd/- (P SREE SUDHA) JUDGE DN List No.: 1 Sl No.: 2