Allowed¶42

Smt Amrutha v. Sri Udaya Shivakumar

Karnataka HC9 Jun 2026CP/11/2026

Case brief

AI extract

What is this about?

Transfer petition S.24 CPC; wife seeks transfer of husband's divorce case M.C.No.5739/2025 from Family Court Bengaluru to Family Court Davanagere; convenience of wife; minor son custody; unemployment; threat allegation; 265 km distance; OS No.332/2025 injunction suit; Crime No.6/2025 BNS 2023; Criminal Misc.No.352/2025; respondent ex-parte; petition allowed (Karnataka HC, 2026).

What did the court decide?

Transfer of M.C.No.5739/2025 from the II Additional Principal Judge, Family Court, Bengaluru to the Family Court, Davanagere; pending IAs closed in view of disposal of the main petition. ¶42

Smt Amrutha Vs Sri Udaya Shivakumar — Karnataka HC (2026) — LawSathi Research

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NC: 2026:KHC:27772 CP No. 11 of 2026

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 9^TH DAY OF JUNE, 2026

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BEFORE

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THE HON'BLE MRS. JUSTICE P SREE SUDHA

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CIVIL PETITION NO. 11 OF 2026

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BETWEEN:

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SMT. AMRUTHA W/O SRI. UDAYA SHIVAKUMAR AGED ABOUT 45 YEARS, HOUSE WIFE, R/O NO.1924/A-296 MANJU KRUPA, BANASHANKARI LAYOUT BAPUJI VIDYANAGAR POST NEAR N.H - 4, DAVANAGERE TQ. AND DIST: DAVANAGERE - 677 001.

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…PETITIONER

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(BY SRI. CHANDRASHEKAR P. PATIL, ADVOCATE)

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AND:

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Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka

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SRI. UDAYA SHIVAKUMAR S/O SRI. RAJANNA AGED ABOUT 56 YEARS, BUSINESSMAN R/O G-1405, PEGASUS BLOCK BRIGADE GATEWAY DR. RAJKUMAR ROAD, BENGALURU - 583 219.

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…RESPONDENT

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(RESPONDENT SERVED AND UNREPRESENTED)

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NC: 2026:KHC:27772 CP No. 11 of 2026

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HC-KAR

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THIS CP IS FILED U/S. 24 OF CPC PRAYING TO TRANSFER MC NO. 5739/25, PENDING ON THE FILE OF THE II ADDITIONAL PRL. JUDGE, FAMILY COURT, BENGALURU TO THE FAMILY COURT AT DAVANAGERE IN THE INTEREST OF JUSTICE AND EQUITY.

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THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA

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ORAL ORDER

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Learned counsel for the petitioner is present.

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Despite service of notice, the respondent did

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not turn-up and set ex-parte.

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The present petition is filed by the wife seeking transfer of M.C.No.5739/2025, filed by the husband for divorce before the II Additional Principal Judge, Family Court, Bengaluru, to the Family, Court, Davanagere.

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Learned counsel for the petitioner submits that

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the respondent has already instituted OS No.332/2025 before the Principal Civil Judge and JMFC Davanagere,

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NC: 2026:KHC:27772 CP No. 11 of 2026

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HC-KAR

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seeking permanent injunction against her and her brother.

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She has also lodged a criminal complaint against the respondent, which is registered as Crime No.6/2025 for offences punishable under Sections 109(1), 61(2), 49, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, 2023.

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It is further submitted that the distance

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between Bengaluru and Davanagere is approximately 265 kilometres. The petitioner is residing with her parents and has the custody of a minor son aged about 9 years. She is not employed and has no independent source of income and further stated that there is threat to her.

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In the absence of respondent's arguments, considering the submissions made on behalf of the petitioner, this Court finds it just and proper to transfer MC No.5739/2025 from the II Additional Principal, Family Court, Bangalore, to the Family Court, Davanagere. It is also noted that Criminal Misc.No.352/2025 is pending before the same Court at Davanagere.

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NC: 2026:KHC:27772 CP No. 11 of 2026

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HC-KAR

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7. Accordingly, the petition is allowed .

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Pending IA's is stands closed in view of the

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disposal of the main petition.

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