Smt Varshini K M Vs Kumaraswamy — Dowry and Cruelty | Karnataka HC (2026)

Smt Varshini K M Vs Kumaraswamy — Dowry and Cruelty | Karnataka HC (2026)

What the court decided

AI extract

Outcome

M.C. No.76/2025 transferred from the Court of the Senior Civil Judge and JMFC, Arasikere to the Family Court at Bangalore; both parties directed to appear before the Family Court at Bangalore on 23.03.2026; Registry directed to take necessary steps for completion of the process of transfer to the concerned Court within the said period; pending I.A. closed.

Issue for consideration

Whether M.C. No.76/2025, filed by the husband for restitution of conjugal rights and pending before the Senior Civil Judge and JMFC, Arasikere, should be transferred under Section 24 CPC to the Principal Family Court Judge, Family Court at Bangalore, given the petitioner-wife's residence/pursuit of Ph.D. in Bangalore and asserted hardship in attending court at Arasikere.

Court's answer

This Court finds it just and reasonable to transfer M.C. No.76/2025 from the Court of the Senior Civil Judge and JMFC, Arasikere, to the Family Court at Bangalore, in view of the petitioner's circumstances and asserted hardship in attending court at Arasikere.

Ratio / Principle

Both parties are directed to appear before the Family Court at Bangalore on 23.03.2026.

Key takeaways

The Civil Petition is accordingly allowed; the Registry is directed to take necessary steps for completion of the process of transfer to the concerned court within the said period, and the pending I.A. is closed in view of disposal of the main petition.ratio¶¶30

Detailed headnote1 paragraphs

High Court of Karnataka at Bengaluru (P Sree Sudha J), Civil Petition No. 35 of 2026, decided 12.03.2026: Allowed the wife's transfer petition under Section 24 CPC seeking transfer of M.C. No.76/2025 — the husband's petition for restitution of conjugal rights pending before the Senior Civil Judge and JMFC, Arasikere — to the Principal Family Court Judge, Family Court at Bangalore. Grounds: the petitioner-wife had filed C.C. No.32312/2025 under Sections 85, 351(2) and 352 of the BNS and Sections 3 and 4 of the Dowry Prohibition Act, after which the respondent-husband filed the M.C.; she is pursuing her Ph.D. in Bangalore and resides with her widowed mother, while the respondent and his family members were stated to have money and muscle power as well as political support, so she would face hardship attending court at Arasikere. Both parties directed to appear before the Family Court at Bangalore on 23.03.2026; Registry directed to complete the transfer process within the said period; pending I.A. closed.

1 -

NC: 2026:KHC:14752 CP No. 35 of 2026

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12^TH DAY OF MARCH, 2026 BEFORE

THE HON'BLE MRS. JUSTICE P SREE SUDHA

CIVIL PETITION NO. 35 OF 2026

BETWEEN:

SMT VARSHINI K M, W/O KUMARASWAMY, D/O LATE MALLIKARJUNA, AGED ABOUT 25 YEARS, NO.520, TEXTILE BUILDING 10TH MAIN, BHUVANESHWARI NAGARA, T. DASARAHALLI, BENGALURU - 560 057.

…PETITIONER

(BY SRI. SYED KHADER NAWAZ., ADVOCATE)

AND:

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

KUMARASWAMY, S/O SHIVASHANKAR ARADHYA, AGED ABOUT 30 YEARS, MURUNDI VILLAGE, KASABA HOBLI, ARASIKERE TALUK - 563 103, HASSAN DIST.

(BY SRI. SRINIVASA C., ADVOCATE)

…RESPONDENT

THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CPC, PRAYING TO TRANSFER THE PETITION IN MC.NO.76/2025 PENDING BEFORE THE SENIOR CIVIL JUDGE AND JMFC, ARASIKERE TO THE HONBLE PRINCIPAL FAMILY COURT JUDGE, FAMILY COURT AT BANGALORE.

2 -

NC: 2026:KHC:14752 CP No. 35 of 2026

HC-KAR

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

CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA

ORAL ORDER

Heard the arguments of both sides.

This civil petition is filed by the wife for transfer of M.C.No.76/2025, filed by the husband for restitution of conjugal rights, before the Senior Civil Judge and JMFC, Arasikere, to the Court of Principal Family Court Judge, Family Court at Bangalore.

The petitioner filed C.C. No.32312/2025 for the offences punishable under Sections 85, 351(2) and 352 of the BNS and Sections 3 and 4 of the Dowry Prohibition Act. After filing the said case, the respondent filed M.C. No.76/2025. It is stated that the petitioner is pursuing her Ph.D. in Bangalore and is residing with her widowed mother. The respondent and his family members are stated to have money and muscle power, as well as political support. As such, she would face hardship in

3 -

NC: 2026:KHC:14752 CP No. 35 of 2026

HC-KAR

attending the Court at Arasikere. Therefore, this Court finds it just and reasonable to transfer M.C. No.76/2025 from the Court of the Senior Civil Judge and JMFC, Arasikere, to the Family Court at Bangalore. Both the parties are directed to appear before the Family Court at Bangalore on 23.03.2026.

Accordingly, the Civil Petition is allowed.

The Registry is directed to take necessary steps

for completion of the process of transfer to the concerned

Court within the said period.

In view of disposal of main petition, pending IA is closed.

Sd/(P SREE SUDHA) JUDGE

AMA List No.: 1 Sl No.: 48