Allowed¶5

Misba Banu v. Mohammed Abu Saleh

Karnataka HC2 Apr 2026CP/16/2026

Case brief

AI extract

What is this about?

High Court of Karnataka, Bengaluru (NC: 2026:KHC:18190); Civil Petition No. 16 of 2026 decided 02.04.2026 by P Sree Sudha, J. Wife's Section 24 CPC transfer petition seeking shift of husband's restitution-of-conjugal-rights suit O.S.No.23/2025 from Family Court, Shivamogga to Family Court, Davanagere. Grounds: petitioner living with parents at Harihara, no male escort for ~100 km journey, health issues, no income; related matters pending at Harihara (Crime No.159/2025, Harihara Police Station; Crl. Misc.No.786/2025, DV Act Section 12, Civil Judge & JMFC, Harihara). Respondent served and absent. Petition allowed; pending IAs closed.

What did the court decide?

O.S.No.23/2025 transferred from the Family Court, Shivamogga to the Family Court at Davanagere; pending IAs, if any, stand closed in view of disposal of the petition. ¶5

Misba Banu Vs Mohammed Abu Saleh — Domestic Violence | Karnataka HC (2026)

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NC: 2026:KHC:18190 CP No. 16 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 APRIL, 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. 16 OF 2026

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BETWEEN:

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MISBA BANU W/O MOHAMMED ABU SALEH, AGED 25. D/O B. SYED KHALEEL SAB, RESIDING AT DOSTANA HOUSE, 1ST MAIN, 1ST CROSS, VIDYA NAGAR, A BLOCK, HARIHARA, DAVANAGERE - 577 601,

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…PETITIONER

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(BY SMT. HALEEMA AMEEN, 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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MOHAMMED ABU SALEH S/O NOORULLA, AGED ABOUT 30 YEARS, RESIDING AT NO.122, 1ST STAGE, 11TH CROSS, RML NAGAR, GOPALA EXTENSION, SHIVAMOGGA - 577 201.

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(RESPONDENT SERVED AND ABSENT)

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…RESPONDENT

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THIS CIVIL PETITION IS FILED UNDER SEC. 24 OF THE CIVIL PROCEDURE CODE. 1908., PRAYING TO PASS AN ORDER TRANSFERRING THE CASE IN ORIGINAL SUIT NO.23/2025 FILED AGAINST THE PETITIONER, BY THE RESPONDENT, SEEKING RESTITUTION OF CONJUGAL RIGHTS, PENDING ON THE FILE OF FAMILY COURT, SHIVAMOGGA TO THE FAMILY COURT AT DAVANAGERE, IN THE INTEREST OF JUSTICE AND EQUITY.

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NC: 2026:KHC:18190 CP No. 16 of 2026

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HC-KAR

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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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Heard the learned counsel for the petitioner.

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In spite of service of notice, respondent did not

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turn up.

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Petitioner is a wife. She has filed transfer

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application for transfer of O.S.No.23/2025 filed by her husband for Restitution of Conjugal Rights, pending on the file of the Family Court, Shivamogga to the Family Court at Davanagere. It is stated that her marriage was performed with the respondent in the year 2024. She has filed criminal complaint on 23.08.2025 and the same was registered in Crime No.159/2025 before the Harihara Police Station. She further stated that the respondent is a sex-maniac and insisting her for unnatural sex and as such, she has also underwent surgery and filed Crl. Misc.No.786/2025 before the Civil Judge & J.M.F.C., Harihara under Section 12 of the Domestic Violence Act.

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NC: 2026:KHC:18190 CP No. 16 of 2026

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HC-KAR

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She is residing with her parents house at Harihara and she

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has no male assistance to travel from Harihara to Shivamogga. The distance between Davanagere to Shivamogga is about 100 kms. She is facing health issues. She has no financial capacity to meet the travel expenses. Though she is a well educated, she is not working due to her health conditions.

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