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Smt Supriya S v. Dr Suneelkumar @ Sunilkumar M

Karnataka HC2 Jul 2026CP/132/2026

Case brief

AI extract

What is this about?

Keywords: transfer of matrimonial case; Section 24 CPC; withdrawal and transfer; restitution of conjugal rights; divorce; clubbing of proceedings; avoidance of conflicting judgments; Family Court Mysuru; Family Court Shivamogga; wife's convenience; child care; elderly parent; apprehension of assault; 251 kms distance; doctors; CP No. 132 of 2026; NC: 2026:KHC:33091; P Sree Sudha, J.; decided 02.07.2026; petition allowed.

What did the court decide?

Transfer of M.C.No.247/2026 from the Family Court, Mysuru to the Family Court, Shivamogga, to be clubbed with M.C.No.108/2026 (divorce) and disposed of together to avoid conflicting judgments. ¶41

Smt Supriya S Vs Dr Suneelkumar @ Sunilkumar M — Karnataka HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Transfer of M.C.No.247/2026 from the Family Court, Mysuru to the Family Court, Shivamogga, to be clubbed with M.C.No.108/2026 (divorce) and disposed of together to avoid conflicting judgments.

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Issue for consideration

Whether M.C.No.247/2026 (restitution of conjugal rights filed by the husband) pending before the Principal Judge, Family Court, Mysuru should be withdrawn and transferred to the Principal Judge, Family Court, Shivamogga.

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Court's answer

Considering the petitioner's arguments, the absence of the respondent's arguments, and other matters pending before the Family Court, Shivamogga, it is just and reasonable to transfer M.C.No.247/2026 from the Family Court, Mysuru to the Family Court, Shivamogga, to be tried along with M.C.No.108/2026 filed by the petitioner/wife for divorce.

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Ratio / Principle

The Family Court, Shivamogga is specifically directed to club both proceedings (M.C.No.247/2026 and M.C.No.108/2026) and dispose of them together, in order to avoid conflicting judgments.

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Detailed headnote1 paragraphs

Transfer under S.24 CPC — Civil Petition No. 132 of 2026 (NC: 2026:KHC:33091), decided 02.07.2026 by P Sree Sudha, J.: Petitioner/wife's civil petition to withdraw M.C.No.247/2026 (husband's restitution of conjugal rights case) from the Principal Judge, Family Court, Mysuru and transfer it to the Principal Judge, Family Court, Shivamogga is allowed. Grounds recorded: both parties are doctors; petitioner stays with her parents and four-year-old child at Shivamogga, works in a private nursing home there; Mysore–Shivamogga distance is 251 kms; her 70-year-old mother cannot care for the child; she apprehends assault by the husband who has contacts and relatives in Mysore; she has filed M.C.No.108/2026 for divorce before Family Court, Shivamogga. The Family Court, Shivamogga is specifically directed to club both proceedings and dispose of them together to avoid conflicting judgments. Notice on respondent held sufficient (postal shara 'unclaimed'); no representation for respondent.

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NC: 2026:KHC:33091 CP No. 132 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 2^ND DAY OF JULY, 2026

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BEFORE

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THE HON'BLE MRS. JUSTICE P SREE SUDHA CIVIL PETITION NO. 132 OF 2026

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BETWEEN:

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SMT SUPRIYA S W/O DR. SUNEELKUMAR @SUNILLKUMAR M. AGED ABOUT 35 YEARS, R/O NO.84, SHRI MARUTHI NILAYA, SHARAVATHI NAGAR, SHIVAMOGGA-577 201.

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…PETITIONER

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(BY SRI. KAMADDOLLI MANJULADEVI RAMAPPA., ADVOCATE)

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AND:

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DR SUNEELKUMAR @ SUNILKUMAR M

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Digitally signed by PADMASHREE SHEKHAR DESAI

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Location: High Court of Karnataka

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AGED ABOUT 42 YEARS, R/O NO. 203, FOUNDATION PEARL APARTMENT, OPP. TO RAILWAY TRACK, YADAVAGIRI, MYSURU -570 001.

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…RESPONDENT (VIDE ORDER DATED 02.07.2026, NOTICE TO RESPONDENT IS HELD SUFFICIENT)

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THIS CP IS FILED U/S. 24 OF CPC PRAYING TO WITHDRAW THE CASE BEARING MC NO. 247/2006 ON THE FILE OF THE PRINCIPAL JUDGE, FAMILY COURT MYSURU AND TRANSFER THE SAME TO THE COURT THE PRINCIPAL JUDGE FAMILY COURT, SHIVAMOGGA BY ALLOWING THIS CASE IN THE INTEREST OF JUSTICE AND EQUITY.

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NC: 2026:KHC:33091 CP No. 132 of 2026

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HC-KAR

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THIS PETITION IS COMING ON FOR ORDERS, 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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Notice to respondent is held sufficient, since

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postal shara in respect of respondent shows ‘unclaimed'.

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There is no representation on behalf of

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respondent.

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Heard the arguments of learned counsel for the

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petitioner.

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This civil petition is filed by the petitioner/wife seeking transfer of M.C.No.247/2026, filed by husband for restitution of conjugal rights before the Family Court Judge, Mysuru. It is submitted that both the petitioners are doctors. Petitioner is staying with her parents along with her child.

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Her mother is aged 70 years and son aged four years. The petitioner is working in a private nursing home at

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3 - NC: 2026:KHC:33091 CP No. 132 of 2026

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HC-KAR

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Shivamogga. The distance between Mysore and Shivamogga is 251 kms. She has stated that it is inconvenient to take the child along with her for attending the Court as her mother is unable to take care of the child. She is also afraid of assault on her by her husband as he has got good contacts in Mysore and many of his relatives are residing in Mysore. She has also filed M.C.No.108/2026 for divorce before Family Court, Shivamogga.

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Considering the arguments of learned counsel for the petitioner in the absence of respondent's arguments and also fact that other matters are pending before the Family Court, Shivamogga, this court finds it just and reasonable to transfer M.C.No.247/2026 filed for restitution of conjugal rights by the respondent/husband from the Family Court, Mysuru, to Family Court, Shivamogga to try along with M.C.No.108/2026 filed by the petitioner/wife for divorce. The family Court is specifically directed to club both the proceedings and to dispose of them t ogether, in order to avoid conflicting judgments.

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NC: 2026:KHC:33091 CP No. 132 of 2026

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HC-KAR

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Accordingly, the civil petition is allowed.

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Sd/(P SREE SUDHA) JUDGE

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List No.: 1 Sl No.: 3