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Smt. Pavithra. S, v. Sri. Harsha N. S

Karnataka HC8 Jul 2026CP/182/2026

Case brief

AI extract

What is this about?

CP No. 182 of 2026, High Court of Karnataka at Bengaluru, decided 08.07.2026 by Hon'ble Mrs. Justice P Sree Sudha. Wife's transfer petition under Section 24 CPC for transfer of husband's divorce case M.C.No.7861/2024 from II Additional Principal Judge, Family Court, Bengaluru to jurisdictional Family Court at Sira/Tumkur. Grounds: petitioner unemployed, no independent income, residing at Sira with aged mother, no children, 120 km distance between Bengaluru and Sira. Respondent served via WhatsApp; service held sufficient; respondent and counsel absent. Petition allowed; matrimonial case transferred to Sira/Tumkur.

What did the court decide?

M.C.No.7861/2024 withdrawn from the file of the II Additional Principal Judge, Family Court, Bengaluru and transferred to the file of the jurisdictional Family Court at Sira/Tumkur for trial court disposal.

Smt. Pavithra. S, Vs Sri. Harsha N. S — Karnataka HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether M.C.No.7861/2024 (divorce petition filed by the respondent-husband) pending before the II Additional Principal Judge, Family Court, Bengaluru should be withdrawn from that file and transferred to the jurisdictional Family Court at Sira/Tumkur.

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Court's answer

Taking into account the petitioner's arguments, the absence of the respondent's arguments, the difficulty for the petitioner to travel to Bengaluru for each hearing while leaving behind her aged mother, and the fact that she has no independent source of income, the Court found it just and reasonable to transfer M.C.No.7861/2024 from the II Additional Principal Judge, Family Court, Bengaluru to the Court of Jurisdictional Family Court at Sira/Tumkur.

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Ratio / Principle

Since the respondent did not cooperate despite being informed of the listing, service effected by sending copies of the relevant documents to the respondent's side through WhatsApp, with copies of that communication placed on record, can be treated as proper service; neither the respondent nor his counsel appeared thereafter.

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Detailed headnote1 paragraphs

Transfer petition under Section 24 CPC filed by the wife (Smt. Pavithra. S) seeking withdrawal of the respondent-husband's divorce petition M.C.No.7861/2024 from the file of the II Additional Principal Judge, Family Court, Bengaluru and its transfer to the jurisdictional Family Court at Sira/Tumkur. Notice on the respondent was held sufficiently served through WhatsApp communication placed on record; neither the respondent nor his counsel appeared. Counsel submitted that the petitioner resides at Sira with her aged mother, is unemployed with no independent source of income, the parties have no children, and the distance between Bengaluru and Sira is 120 kilometres. Finding it difficult for the petitioner to travel to Bengaluru on each hearing while leaving behind her aged mother and having no independent income, the Court held it just and reasonable to transfer the case to Sira/Tumkur and allowed the Civil Petition. Coram: Hon'ble Mrs. Justice P Sree Sudha; Oral Order dated 08.07.2026.

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1 - NC: 2026:KHC:34549 CP No. 182 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 8^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. 182 OF 2026

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BETWEEN:

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SMT. PAVITHRA. S, AGED ABOUT 36 YEARS, D/O. LATE SRI. SATHYANARAYANA, RESIDING AT NEAR POONAM SCHOOL, KALIDASA NAGARA, SIRA TOWN, SIRA, TUMKUR - 572 137.

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…PETITIONER

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(BY SMT. AISHWARYA S. HANCHATE, 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. HARSHA N. S, AGED ABOUT 38 YEARS, S/O. SRINIVAS LAD, RESIDING AT 12/11, BDA APARTMENT, MICO LAYOUT, BTM LAYOUT, 2ND STAGE, BENGALURU - 560 076.

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…RESPONDENT (VIDE ORDER DATED 08.07.2026, NOTICE TO RESPONDENT IS HELD SUFFICIENT) THIS CP IS FILED UNDER SEC.24 OF CPC., PRAYING TO PASS AN APPROPRIATE ORDER WITHDRAWING MC NO.7861/2024 FROM THE FILE OF THE II ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BENGALURU AND

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NC: 2026:KHC:34549 CP No. 182 of 2026

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HC-KAR

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TRANSFERRING THE SAME TO THE FILE OF THE JURISDICTIONAL FAMILY COURT AT SIRA/TUMKUR, FOR THE PURPOSE OF TRIAL COURT DISPOSAL.

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THIS PETITION, 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 and stated that she had informed the respondent over the phone regarding the listing of the matter today. As the respondent did not cooperate, copies of the relevant documents were sent to the learned counsel for the respondent through WhatsApp yesterday and copies of the WhatsApp communication have also been placed on record. Therefore, it can be treated as a proper service. Even after service, neither respondent nor his counsel turned up.

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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 wife for transfer of M.C.No.7861/2024, filed by the respondent-husband for divorce

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NC: 2026:KHC:34549 CP No. 182 of 2026

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HC-KAR

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from the Court of II Additional Principal Judge, Family Court, Bengaluru, to the Court of Jurisdictional Family Court at Sira/Tumkur.

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Learned counsel for the petitioner stated that the petitioner is residing at Sira along with her aged mother, as her father is no more. It is further stated that the petitioner is unemployed, has no independent source of income and the parties are not blessed with any children. The distance between Bengaluru and Sira is 120 kilometres. Learned counsel for the petitioner stated that she has no financial means to attend the proceedings at Bengaluru regularly.

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Considering the arguments of learned counsel for the petitioner and in the absence of respondent's arguments and also the fact that it would be difficult for the petitioner to travel to Bengaluru on each hearing while leaving behind her aged mother, coupled with the fact that she has no independent source of income. This Court finds that it is just and reasonable to transfer M.C.No.7861/2024, filed by the respondent/husband for divorce before the Court of II

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NC: 2026:KHC:34549 CP No. 182 of 2026

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HC-KAR

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Additional Principal Judge, Family Court, Bengaluru, to the Court of Jurisdictional Family Court at Sira/Tumkur.

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Accordingly, the Civil Petition is allowed.

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Sd/(P SREE SUDHA) JUDGE

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