Dismissed¶35

Smt. H Sindhu v. Sri Dayanand G P

Karnataka HC6 Jul 2026CP/162/2026

Case brief

AI extract

What is this about?

High Court of Karnataka, CP No. 162 of 2026, decided 06-07-2026 by P Sree Sudha J. Wife's transfer petition under S.24 CPC seeking transfer of M.C.No.41/2025 (husband's S.9 Hindu Marriage Act restitution of conjugal rights case) from Principal Senior Civil Judge and JMFC, Gubbi to Family Court, Chitradurga; 142 km distance, no independent income, PW.1 cross-examination stage, companion case Crl.Misc.No.90/2026 at Chitradurga. Petition dismissed; husband directed to pay travelling and stay expenses; pending IAs lapsed.

What did the court decide?

No transfer granted; the Civil Petition is dismissed, with a direction to the respondent/husband to pay travelling and stay expenses to the petitioner whenever she attends the Court at Gubbi. ¶35

Smt. H Sindhu Vs Sri Dayanand G P — Matrimonial and Divorce | Karnataka HC (2026)

What the court decided

AI extract

Outcome

No transfer granted; the Civil Petition is dismissed, with a direction to the respondent/husband to pay travelling and stay expenses to the petitioner whenever she attends the Court at Gubbi.

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Issue for consideration

Whether M.C.No.41/2025, the restitution of conjugal rights petition filed by the respondent-husband before the Principal Senior Civil Judge and JMFC, Gubbi, should be withdrawn and placed before the Family Court at Chitradurga.

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Court's answer

The transfer petition is devoid of merit: the petitioner failed to adduce any appropriate reason for transfer of the proceedings, and the application sought to be transferred is one for restitution of conjugal rights; accordingly the Civil Petition is dismissed.

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Ratio / Principle

The respondent/husband is directed to pay travelling and stay expenses to the petitioner whenever she attends the Court at Gubbi.

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Key takeaways

In view of the disposal of the main petition, the pending interlocutory applications (IAs) do not survive for consideration.ratio¶39

Detailed headnote1 paragraphs

Transfer petition under S.24 CPC by the wife seeking withdrawal of M.C.No.41/2025 — a restitution of conjugal rights petition under S.9 of the Hindu Marriage Act filed by the husband before the Principal Senior Civil Judge and JMFC, Gubbi — and its placement before the Family Court at Chitradurga. The petitioner-wife resides with her parents at Chitradurga, has no independent source of income, and the distance between Chitradurga and Gubbi is 142 kilometres; the restitution case stands posted for cross-examination of PW.1; the wife has separately filed Crl.Misc.No.90/2026 at Chitradurga; the parties have no children. Holding that the petitioner failed to adduce any appropriate reason for transfer and that the application is one for restitution of conjugal rights, the Court found the petition devoid of merit and dismissed it, directing the husband to pay her travelling and stay expenses whenever she attends Court at Gubbi; pending IAs do not survive for consideration.

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1 - NC: 2026:KHC:33936 CP No. 162 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 6^TH DAY OF JULY, 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. 162 OF 2026

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BETWEEN:

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SMT. H. SINDHU W/O. SRI. DAYANAND G.P., D/O. SRI. K. L. HANUMANTHARAYAPPA AGED ABOUT 22 YEARS, R/AT. MASSA MUDRA, CHALLAKERE TALUK CHITRADURGA DISTRICT - 577 538 PRESENT ADDRESS: C/O. JAYAMMA, NEAR MARAMMANA GUDI, JOGI MATTI ROAD, CHITRADURGA - 577 501.

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…PETITIONER

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(BY SRI. SIDDARAMAIAH V. B., ADVOCATE)

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AND:

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Digitally signed by PADMASHREE SRI. DAYANAND G.P. SHEKHAR S/O. SRI. PUTTASHAMAIAH DESAI AGED ABOUT 34 YEARS, Location: High Court of R/AT. GADIYENKANAHALLI VILLAGE Karnataka CHELUR HOBLI, GUBBI TALUK TUMAKURU DISTRICT - 572 117.

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…RESPONDENT

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(BY SRI. RAVI KUMAR C., ADVOCATE)

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THIS CP IS FILED UNDER SEC.24 OF CPC., PRAYING TO WITHDRAW THE CASE BEARING MC NO.41/2025, ON THE FILE

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NC: 2026:KHC:33936 CP No. 162 of 2026

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HC-KAR

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OF THE COURT OF THE PRINCIPAL SENIOR CIVIL JUDGE AND JMFC, AT GUBBI, FILED BY THE RESPONDENT UNDER SEC.9 OF HINDU MARRIAGE ACT, FILED FOR RESTITUTION OF CONJUGAL RIGHTS AND BE PLEASED TO PLACE THE SAME BEFORE THE FAMILY COURT AT CHITRADURGA, IN THE INTEREST OF JUSTICE AND EQUITY.

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THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,

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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 appearing for the both

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sides.

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This Civil Petition is filed by the wife for transfer of M.C.No.41/2025, filed by the respondenthusband for restitution of conjugal rights, before the Court of Principal Senior Civil Judge and JMFC, Gubbi.

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The petitioner-wife is residing with her parents at Chitradurga. It is stated that she has no independent source of income and is dependent upon her family members. She further contends that it is difficult for her to

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NC: 2026:KHC:33936 CP No. 162 of 2026

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HC-KAR

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bear the travelling expenses and attend the proceedings before the Court at Gubbi. The distance between Chitradurga and Gubbi is 142 kilometres.

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It is further stated that the petition for restitution of conjugal rights is posted for the crossexamination of PW.1. The petitioner herein has also filed Crl.Misc.No.90/2026 before the Senior Civil Judge and JMFC, Chitradurga. It is further stated that the parties have no children and the petitioner had undergone an abortion. As the petitioner has failed to adduce any appropriate reason for transfer of the proceedings and also as the application is filed for restitution of conjugal rights, this Court finds that the petition is devoid of merit and is to be dismissed.

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