Allowed

Mrs. Shwetha M., v. Mr. Satish Kumar N

Karnataka HC3 Jun 2026CP/366/2025

Case brief

AI extract

What is this about?

The High Court allowed a transfer petition under Section 24 CPC to move a divorce case from Bengaluru to Chitradurga for joint trial with a restitution of conjugal rights petition filed by the wife, citing the minor child's residence and convenience.

What did the court decide?

Civil Petition allowed; M.C.No.6918/2024 transferred from Family Court, Bengaluru to Senior Civil Judge, Chitradurga for joint trial.

Mrs. Shwetha M., Vs Mr. Satish Kumar N — Child Custody and Guardianship | Karnataka HC (2026)

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NC: 2026:KHC:25939 CP No. 366 of 2025

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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 3^RD DAY OF JUNE, 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. 366 OF 2025

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BETWEEN:

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MRS. SHWETHA M., AGED ABOUT 39 YEARS, D/O LATE H. MAHADEVAPPA, FIRST DIVISION ASSISTANT, TAHASHILDAR OFFICE, RESIDING AT: MYLARALINGESHWARA, NILAYA, IUDP LAYOUT, 11^TH CROSS, CHITRADURGA, KARNATAKA - 577501.

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…PETITIONER

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(BY SRI. JAGAN MOHAN M T.,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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MR. SATISH KUMAR N, AGED ABOUT 35 YEARS, S/O MR. THIMMA LAKSHMI, RESIDING AT NO.20, GROUND FLOOR, SAPTAGIRI NILAYA, 2^ND CROSS, MANJUSHREE CARS, AGRAHARA DASARAHALLI, BASAVESHWARANAGAR, BENGALORE: 560079.

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…RESPONDENT

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(BY SRI. POOJA V., ADVOCATE)

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THIS CP IS FILED UNDER SECTION 24 OF CPC, PRAYING TO TRANSFER THE M.C.NO.6918/2024 FILED BY THE RESPONDENT NOW PENDING BEFORE THE COURT OF 1ST

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NC: 2026:KHC:25939 CP No. 366 of 2025

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HC-KAR

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ADDITIONAL PRINCIPAL JUDGE FAMILY COURT AT BANGALORE TO THE COURT OF SENIOR CIVIL JUDGE AND JMFC, COURT AT CHITRADURGA, IN THE INTEREST OF JUSTICE AN D EQUITY.

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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 arguments of the learned counsel for the petitioner and the learned counsel for the respondent.

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This Civil Petition is filed by the petitioner/wife for transfer of M.C.No.6918/2024, filed by the respondent/husband for divorce, which was initially before the Principal Judge, Family Court, Bengaluru and later made over to the I Additional Principal Judge, Family Court, Bengaluru to the Court of Senior Civil Judge and JMFC, Chitradurga.

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It is stated that the marriage of the petitioner

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with the respondent was solemnized in the year 2019 and that they are blessed with a female child in the year 2021. Presently, the child is aged about 5 years. The petitioner is

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NC: 2026:KHC:25939 CP No. 366 of 2025

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HC-KAR

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working as a First Division Assistant in the Tahasildar Office, Chitradurga, and is residing with her daughter. The distance between Bengaluru and Chitradurga is about 200 kilometres. It is inconvenient for her to attend the adjournments either by leaving the child behind or by taking her to the Court, as the child is attending school. It is further stated that the petitioner has also filed M.C.No.175/2025 for restitution of conjugal rights. Therefore, she has requested for transfer of the case.

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Learned counsel for the respondent stated that the respondent is working at JP Morgan, Bengaluru, and that the petitioner was recently transferred to Chitradurga in view of the regular transfers. It is further submitted that she can attend the proceedings through video conferencing.

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Admittedly, the husband initially filed the

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divorce petition before the Court at Bengaluru and later the petitioner filed M.C.No.175/2025 for restitution of

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NC: 2026:KHC:25939 CP No. 366 of 2025

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HC-KAR

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conjugal rights at Chitradurga after her transfer to Chitradurga. Both the matters are to be tried together to avoid conflicting judgments. As the petitioner is also having a minor child who is studying at Chitradurga, this Court finds it just and reasonable to transfer M.C.No.6918/2024 from the Court of I Additional Principal Judge, Family Court, Bengaluru to the Court of the Senior Civil Judge and JMFC, Chitradurga to be tried along with M.C.No.175/2025.

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The Family Court is directed to club both matters and dispose of them together, in order to avoid conflicting judgments. It is also brought to the notice of this Court that the petitioner has filed C.C.No.11981/2025 before the 24th ACJM, Bengaluru under Section 498A of IPC. The said case may be prosecuted separately.

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The Family Court is specifically directed not to insist upon the personal appearance of the respondent unless there is any specific requirement.

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NC: 2026:KHC:25939 CP No. 366 of 2025

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HC-KAR

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The respondent is at liberty to file his chief

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affidavit and he can be cross-examined either through a Commissioner or by way of video conferencing facility.

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With the above directions, the Civil Petition is

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allowed.

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Sd/(P SREE SUDHA) JUDGE

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SHS List No.: 1 Sl No.: 11

Mrs. Shwetha M., v. Mr. Satish Kumar N

Case brief

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Mrs. Shwetha M., v. Mr. Satish Kumar N

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