- 1 - HC-KAR NC: 2026:KHC:14348 CP No. 47 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA CIVIL PETITION NO.47 OF 2026 BETWEEN: SMT. S V PRAKRUTHI @ ANJUSHREE AGED 26 YEARS W/O SHRI JEEVAN KISHORE D/O SRI. S. M. VEERABHADRAGOWDA R/AT RAMPUR, SOGANE ROAD NIDIGE HOBLI SHIVAMOGGA DISTRICT-577201 …PETITIONER (BY MS. LAKSHMISHREE BALAKRISHNA, ADVOCATE FOR SRI PALLAVA R, ADVOCATE) AND: SHRI JEEVAN KISHORE AGED ABOUT 32 YEARS S/O SRI K L SHIVA KUMAR R/AT NO.167, 2ND MAIN ROAD 2ND CROSS, GOKULAM MYSURU – 570002 …RESPONDENT (BY SRI. RAJU C N, ADVOCATE [ABSENT]) THIS CP IS FILED U/S.24(1)(b)(ii) OF CPC PRAYING TO TRANSFER M.C.NO.855/2025 ON THE FILE OF THE III ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, MYSURU TO Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:14348 CP No. 47 of 2026 THE PRINCIPAL JUDGE, FAMILY COURT, SHIVAMOGGA AND ETC. 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. Though, the respondent is represented through the counsel, the counsel is not present before the Court. 2. Heard the arguments of the learned counsel for the petitioner. 3. This petition is filed by the wife/petitioner seeking transfer of M.C.No.855/2025 filed by the husband/respondent for restitution of conjugal rights before the III Additional Principal Judge, Family Court, Mysuru to the Principal Judge, Family Court, Shivamogga. The counsel for the petitioner stated that the marriage of the petitioner and the respondent was performed in the year 2025 and they have no issues. It is argued that the petitioner is residing along with her parents and she has gone for medical termination of the pregnancy due - 3 - HC-KAR NC: 2026:KHC:14348 CP No. 47 of 2026 to the physical abuse by the respondent and his parents. It is also stated that she gave complaint against the respondent and his family members in Crime No.72/2025 for offences punishable under Sections 85, 115(2), 352, 351(2), 89, 3(5) of BNS and under Sections 3 and 4 of Dowry Prohibition Act. The counsel for the petitioner also relied upon the judgment of the Apex Court in the case of DR. ANITHA vs INDRESH GOPAL KOHLI reported in 2025 LIVELAW (SC) 1143 in which it is stated that it is imperative upon Family Court or High Court to determine as to who out of the two is responsible for breaking marital tie and forcing the other to live separate. The counsel also stated that due to the acts of the respondent, the petitioner was compelled to stay away from him as she suffered in the hands of the respondent and she cannot be made to suffer further by traveling from Shivamogga to Mysuru. The distance between Shivamogga to Mysuru is 250 k.m. It is stated that respondent is working in Mysuru in Toyota company. 4. Considering the reasons stated by the petitioner, this Court finds it reasonable to transfer M.C.No.855/2025 from the Family Court of Mysuru to the Family Court of Shivamogga. - 4 - HC-KAR NC: 2026:KHC:14348 CP No. 47 of 2026 5. In the result, the following: ORDER The civil petition is allowed. The entire proceedings in M.C.No.855/2025 is transferred from the III Additional Principal Judge, Family Court, Mysuru to the Principal Judge, Family Court, Shivamogga. In view of disposal of the main petition, IA stands closed. Sd/- (P SREE SUDHA) JUDGE SN