Smt. Swaroopa D Vs Sri. L S Vittala — Dowry and Cruelty | Karnataka HC (2026)

Smt. Swaroopa D Vs Sri. L S Vittala — Dowry and Cruelty | Karnataka HC (2026)

What the court decided

AI extract

Outcome

Transfer petition allowed; M.C No.104/2025 transferred from Senior Civil Judge and JMFC, Challakere to the Principal Judge, Family Court, Bengaluru, with directions to club M.C.No.104/2025 and MC.No.3402/2025 and dispose of them together; IA filed for stay closed in view of disposal of the main petition.

Issue for consideration

Whether the proceedings in M.C No.104/2025 (husband's Section 9 Hindu Marriage Act petition for restitution of conjugal rights, pending before the Senior Civil Judge and JMFC, Challakere) should be transferred to the Principal Judge, Family Court, Bengaluru, where the wife's divorce petition M.C.No.3402/2025 is already pending, so that both matrimonial petitions are tried by one Court and conflicting judgments are avoided.

Court's answer

Considering the reasons stated by learned counsel for the petitioner, the Court found it reasonable to transfer M.C. No.104/2025 from the Senior Civil Judge and JMFC, Challakere to the Court of Principal Judge, Family Court, Bengaluru.

Ratio / Principle

The Principal Judge, Family Court, Bengaluru was directed to club both M.C.No.104/2025 and MC.No.3402/2025 and dispose of the matters (printed 'mattes') together.

Key takeaways

The two matters were to be disposed of together, and the order directing this was made ('Ordered accordingly').ratio¶36
Consequent upon disposal of the main transfer petition, the IA filed for stay was closed.ratio¶38-39

Detailed headnote1 paragraphs

Transfer Petition (C.P. No. 18 of 2026) under Sec. 24 CPC filed by the wife seeking transfer of her husband's restitution of conjugal rights petition (M.C No.104/2025, filed under Sec. 9, Hindu Marriage Act, 1955) from the Senior Civil Judge and JMFC, Challakere to the Principal Judge, Family Court, Bengaluru, where her own divorce petition (M.C.No.3402/2025) is pending. Reasons recorded: the wife now resides at Bengaluru, about 203 kilometres from Challakere; a criminal case by her against the husband under Sections 498A, 323, 509, 307 and 354(A) IPC is still pending; and both petitions should be tried by one Court to avoid conflicting judgments. The Court found the transfer reasonable, directed the Principal Judge, Family Court, Bengaluru to club both matters and dispose of them together, allowed the petition, and closed the IA filed for stay. Order dated 08.04.2026 by Hon'ble Mrs. Justice P Sree Sudha.

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NC: 2026:KHC:19362 CP No. 18 of 2026

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 8^TH DAY OF APRIL, 2026

BEFORE

THE HON'BLE MRS. JUSTICE P SREE SUDHA CIVIL PETITION NO. 18 OF 2026

BETWEEN:

SMT. SWAROOPA D W/O L.S VITALA, D/O DURGESH.S AGED ABOUT 28 YEARS R/A NO. 19/1, 13TH CROSS TEMPLE ROAD, MALLESHWARAM BENGALURU-560003 ADDRESS MENTIONED IN M.C NO. 104/2025 AS IT IS R/A SANGOLLIRAYANNA ROAD 6TH CROSS, GANDHINAGARA CHALLAKERE TOWN CHITHRADURGA DIST- 577522

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

…PETITIONER (BY SRI. MALATESH H., ADVOCATE) AND:

SRI. L S VITTALA S/O SHESHAPPA (M.L SHESHU) AGED ABOUT 31 YEARS CAR DRIVER R/A 6TH CROSS GANDHINAGAR CHALLAKERE TOWN CHITRADURGA DISTRICT-577522

…RESPONDENT

(BY SRI. J. R. MOHAN., ADVOCATE- AB)

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NC: 2026:KHC:19362 CP No. 18 of 2026

HC-KAR

THIS CP IS FILED UNDER SEC.24 OF CPC., PRAYING TO TRANSFER THE PROCEEDINGS IN MC NO.104/2025 FILED BY THE RESPONDENT HUSBAND UNDER SEC.9 OF THE HINDU MARRIAGE ACT, 1955, PENDING IN THE FILE OF SENIOR CIVIL JUDGE AND JMFC, CHALLAKERE KINDLY BE TRANSFERRED TO PRL. JUDGE, FAMILY COURT AT BENGALURU FAMILY COURT, FOR DISPOSAL IN ACCORDANCE WITH LAW.

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

CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA

ORAL ORDER

Learned counsel for the petitioner is present. Learned counsel for respondent is absent.

Though this matter has come up for admission, it is taken up for final hearing and disposed of by this order.

This transfer petition is filed by wife for transfer of M.C No.104/2025 filed by husband for restitution of conjugal rights before the Senior Civil Judge and JMFC, Challakere, Chithraduraga to the Court of Principal Judge, Family Court, Bengaluru. She also filed MC.No.3402/2025 for divorce before the Principal Judge, Family Court, Bengaluru.

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NC: 2026:KHC:19362 CP No. 18 of 2026

HC-KAR

Initially, the petitioner-wife filed M.C.No.3402/2025 before the Principal Judge, Family Court, Bengaluru for divorce. The learned counsel for the petitioner has stated that the respondent-husband started to show ego used to drink alcohol, smoke, gambling and for money started to force the petitioner, since there is a great threat to her life in the hands of respondent she left him and living separately and later he filed a petition for restitution of conjugal rights. As such, now, she is residing at Bengaluru, which is at a distance of 203 kilometres from Challakere. It is further stated that, in the meanwhile, the petitioner-wife filed criminal case against respondent under Sections 498A, 323, 509, 307 354(A) of IPC, which is still pending. To avoid conflicting judgments both the petitioners filed for restitution of conjugal rights and divorce are to be tried by one Court.

Learned counsel for respondent has not turned up.

Considering the reasons stated by the learned counsel

for petitioner, this Court finds it reasonable to transfer M.C. No.104/2025 from the Senior Civil Judge and JMFC, Challakere, Chithraduraga to the Court of Principal Judge, Family Court,

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NC: 2026:KHC:19362 CP No. 18 of 2026

HC-KAR

Bengaluru. Principal Judge, Family Court, Bengaluru is directed to club both the M.C.No.104/2025 and MC.No.3402/2025 and

dispose of the mattes together. Ordered accordingly.

In the result, the petition is allowed .

In view of disposal of main petition IA filed for stay is

closed.

Sd/(P SREE SUDHA) JUDGE

PNV

List No.: 1 Sl No.: 52