- 1 - HC-KAR NC: 2026:KHC:15814 CP No. 367 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA CIVIL PETITION NO. 367 OF 2025 BETWEEN: SMT. SUMA N, W/O SATISH M.V. D/O NARAYANA, AGED ABOUT 26 YEARS, R/AT NO.182, GROUND FLOOR, S-LIG, 16TH BLOCK, 5TH PHASE, YELAHANKA NEW TOWN, BANGALORE - 560 064. …PETITIONER (BY SRI. KUMAR M D., ADVOCATE) AND: SRI. SATISH M.V., S/O VENKATESH, AGED ABOUT 42 YEARS, R/AT NO.2032, 5TH CROSS, V.V. NAGAR, KALLAHALLI, MANDYA - 571 401. …RESPONDENT (BY SRI. HARIPRASAD M. B., ADVOCATE) THIS CIVIL PETITION IS FILED UNDER SEC. 24 OF THE CIVIL PROCEDURE CODE. 1908., PRAYING TO WITHDRAW THE PETITION BEING G AND WC NO.10/2025 WHICH IS PENDING ON THE FILE OF PRINCIPAL SENIOR CIVIL JUDGE AND CJM, Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:15814 CP No. 367 of 2025 MANDYA TO TRANSFER THE SAME TO THE V ADDITIONAL FAMILY COURT AT BANGALORE, IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL ORDER This civil petition is filed by the wife for transfer of G & WC.No.10/2025, filed by the husband before the Principal Senior Civil Judge and CJM, Mandya, to the Court of V Additional Family Court at Bangalore. 2. It is stated that the marriage between the parties was solemnized in the year 2016 and they are blessed with a male child born on 14.09.2017, who is now aged 9 years. The petitioner is working in a private firm at Bangalore. Initially, she lodged a complaint against her husband in NCR No.633/2024 on 22.12.2024, stating that the respondent was abusing her in filthy words. She left the matrimonial home on 22.12.2024 and also filed M.C.No.914/2025 for divorce before the V Additional Family Court at Bangalore. - 3 - HC-KAR NC: 2026:KHC:15814 CP No. 367 of 2025 3. The respondent/husband filed M.C.No.55/2025 before the Court of the Principal Senior Civil Judge and CJM, Mandya, on 15.03.2025. Further, G & WC No.10/2025 was filed by the respondent/husband for custody of the child before the Principal District and Sessions Judge, Mandya, on 20.03.2025. Initially, the petitioner/wife did not appear in the said petition and she was placed ex parte on 24.07.2025. Thereafter, when the matter was posted for petitioner’s evidence, she appeared before the concerned Court and filed an application to set aside the ex parte order. 4. It is stated that she is unable to travel to Mandya and attend both the cases due to a threat to her life. The distance between Bangalore and Mandya is about 100 km. Her son aged 9 years, is studying in III standard at Yelahanka, Bangalore. She requires Rs.2,000/- for each visit from Bangalore to Mandya Court and has no source of income. Therefore, she has requested for transfer of the guardianship case from Mandya to Bangalore. 5. Learned counsel for the respondent submitted that the petitioner/wife had earlier filed C.P. No.289/2025, which - 4 - HC-KAR NC: 2026:KHC:15814 CP No. 367 of 2025 came to be dismissed on 25.10.2025. A perusal of the order copy shows that she asked for video conferencing facility, which was available. Considering the same, the said petition was dismissed. The said petition was filed for transfer of M.C.No.55/2025 from the Court of Principal Senior Civil Judge and CJM, Mandya, to the V Additional Family Court at Bengaluru. In the present case, the wife has filed a petition for divorce and subsequently, the husband has filed a petition for restitution of conjugal rights. Both the matters are to be tried together to avoid conflicting decisions. The husband has also filed G & WC No.10/2025 for custody of the child, which is also required to be clubbed with the above matters and to be decided by one Court for fair trial. Therefore, this Court finds it just and reasonable to transfer M.C.No.55/2025 and G & WC No.10/2025 from the Court of the Principal Senior Civil Judge and CJM, Mandya, to the Court of V Additional Family Court at Bengaluru, as the petitioner is residing at Bengaluru along with her child. 6. Learned counsel for the respondent further submitted that the respondent is an auto driver and is also - 5 - HC-KAR NC: 2026:KHC:15814 CP No. 367 of 2025 suffering from a heart disease. But he has not filed any medical records. Considering the submission of the learned counsel for the respondent, this Court finds it reasonable to direct the Family Court not to insist upon his personal appearance unless there is actual requirement by the Court. He is at liberty to file his chief affidavit and he can be cross-examined either through Commissioner or through video conferencing facility. Accordingly, this Civil Petition is allowed. Sd/- (P SREE SUDHA) JUDGE AMA List No.: 1 Sl No.: 30