Research › Search › Judgment

High Court of Karnataka · body

2026 DAILYLAW 921 (KAR)

K RAJANI SANTHOSH BHYRATE v. SANTHOSH K BHYRATE

CP/5/2026 · 2026-02-26

P Sree Sudha

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:12845 CP No. 5 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA CIVIL PETITION NO. 5 OF 2026 BETWEEN: 1. K RAJANI SANTHOSH BHYRATE WIFE OF SANTHOSH K BHYRATE. D/O K NARAYANARAO KANGOOKAR, AGED ABOUT 38 YEARS, R/AT NARAYANA RAO, STYLO TYLOR, NEAR KALMATA CLINIC, NEHARU RAOD, JAGALURU TALUK, DAVANAGERE DISTRICT- 577528 …PETITIONER (BY SRI. HIREMATHAD MAHESHIAH RUDRAYYA, ADVOCATE) AND: 1. SANTHOSH K BHYRATE SON OF K. KUMARSWAMY. AGED ABOUT 39 YEARS, R/AT BACK SIDE OF BAIF OFFICE, SHARADA NAGARA, TIPTUR TOWN, TUMKUR DISTRICT 572201. …RESPONDENT THIS CP IS FILED U/S. 24 OF CPC PRAYING TO TRANSFER THE PETITION FILED BY THE RESPONDENT HEREIN MC NO. 65/2024 FROM THE FILE OF THE LEARNED SENIOR CIVIL JUDGE AND JMFC, TIPTUR TO LEARNED SENIOR CIVIL JUDGE AND JMFC, COURT AT JAGALURU IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by SHARADAVANI B Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:12845 CP No. 5 of 2026 CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL ORDER Heard the arguments of the petitioner. 2. This transfer petition is filed by wife for transfer of M.C.No.65/2024 filed by husband for restitution of conjugal rights, pending on the file of the learned Senior Civil Judge and J.M.F.C., Tiptur to the learned Senior Civil Judge and JMFC Court at Jagaluru. 3. It is the submission of the learned counsel for the petitioner that the petitioner is presently residing in Jagaluru along with her daughter. The distance between Tiptur and Jagaluru is about 173 kilometres. It is stated that their marriage was performed in the year 2009 and they lived together for 16 years and are blessed with 4 children and last child is residing with her and others are residing in the hostel. She further stated that previously he filed a petition for Restitution of Conjugal Rights. But later withdrawn the same and now he came up with the - 3 - HC-KAR NC: 2026:KHC:12845 CP No. 5 of 2026 same application. In fact, he driven her out along with the daughter in March 2024 and filed petition for Restitution of Conjugal Rights before the Court and thus she has to defend herself properly and therefore, requested for transfer. 4. Considering the reasons stated in the application, this Court finds that it is just and reasonable to transfer M.C.No.65/2024, pending on the file of the learned Senior Civil Judge and J.M.F.C., Tiptur to the learned Senior Civil Judge and JMFC Court at Jagaluru. 5. Accordingly, the petition is allowed. Sd/- (P SREE SUDHA) JUDGE KA List No.: 1 Sl No.: 2