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Smt. Kavyashree. v. S. v Sri. Shiva Kumar. K. L.

Karnataka HC15 Jun 2026CP/391/2025

Case brief

AI extract

What is this about?

Transfer petition S.24 CPC; withdrawal and transfer of M.C.No.13/2025 (dissolution of marriage) from Senior Civil Judge & JMFC Kunigal to I Additional Senior Civil Judge Bengaluru Rural District; wife residing at K.R. Puram with minor child; distance over 90 kms; respondent served, exparte/unrepresented; earlier M.C.No.623/2022 restitution withdrawn; interim maintenance Rs.6,000 (wife) and Rs.4,000 (child) per month; Criminal Appeal No.69/2025 dismissed; alleged arrears Rs.3,50,000; pending I.As. closed.

What did the court decide?

Transfer petition allowed: M.C.No.13/2025 withdrawn from the file of the Senior Civil Judge and J.M.F.C., Kunigal and transferred to the I Additional Senior Civil Judge, Bengaluru Rural District, Bengaluru; pending I.As. closed. ¶39

Smt. Kavyashree. v. S. Vs Sri. Shiva Kumar. K. L. — Karnataka HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether M.C.No.13/2025 filed by the respondent-husband for dissolution of marriage, pending before the Senior Civil Judge and J.M.F.C., Kunigal, should be withdrawn from that court and transferred to the I Additional Senior Civil Judge, Bengaluru Rural District, Bengaluru.

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Court's answer

Considering the petitioner's arguments and the respondent's absence despite service, the Court found it just and reasonable to transfer the matter.

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Ratio / Principle

M.C.No.13/2025 filed by the respondent-husband seeking dissolution of marriage before the Senior Civil Judge and J.M.F.C., Kunigal was withdrawn from that court and transferred to the I Additional Senior Civil Judge, Bengaluru Rural District, Bengaluru.

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Detailed headnote1 paragraphs

Transfer petition by the wife under Section 24 of the Code of Civil Procedure, 1908 allowed. The husband's M.C.No.13/2025 for dissolution of marriage, pending before the Senior Civil Judge and J.M.F.C., Kunigal, was withdrawn from that court and transferred to the I Additional Senior Civil Judge, Bengaluru Rural District, Bengaluru. The respondent was duly served but remained exparte and unrepresented. The Court recorded that the petitioner-wife resides with the minor child at K.R. Puram, Bengaluru, and that the distance between Bengaluru and Kunigal exceeds 90 kms; the matter stood at the stage of marking documents after the respondent filed his chief-examination affidavit. Background facts noted: marriage solemnized on 05.11.2018, a child born in 2019, an earlier M.C.No.623/2022 (restitution of conjugal rights) withdrawn, interim maintenance of Rs.6,000/- per month to the wife and Rs.4,000/- per month to the child granted on 05.02.2025 in Criminal Miscellaneous No.1155/2023, the husband's Criminal Appeal No.69/2025 against that order dismissed, and counsel's allegation of maintenance arrears of Rs.3,50,000/-. Pending I.As. were closed.

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1 - NC: 2026:KHC:28801 CP No. 391 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 15^TH 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. 391 OF 2025

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BETWEEN:

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SMT. KAVYASHREE. V. S. W/O SHIVAKUMAR K.L D/O SURESH K AGED ABOUT 26 YEARS RESIDING AT NO.15, VEERANAHALLI VILLAGE, VIRGONAGAR POST, K.R. PURAM, BANGALORE - 560 049.

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…PETITIONER

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(BY MRS. NIVEEKSHAN K EDA., ADVOCATE FOR; SRI. SURESH BABU RAJ D.,ADVOCATE)

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Digitally signed AND: by PADMASHREE SHEKHAR DESAI Location: High SRI. SHIVA KUMAR. K. L. Court of Karnataka S/O LAKKANNAA AGED ABOUT 30 YEARS OCC: PRIVATE JOB R/O NO.10, KALLUPALYA VILLAGE TERADAGUPPE POST, KUNIGAL TALUK TUMUKUR DIST - 572 120

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…RESPONDENT

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(RESPONDENT SERVED AND UNREPRESENTED)

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NC: 2026:KHC:28801 CP No. 391 of 2025

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HC-KAR

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THIS CIVIL PETITION IS FILED UNDER SEC. 24 OF THE CIVIL PROCEDURE CODE, 1908., PRAYING TO WITHDRAW THE PETITION FILED IN MC NO.13/2025 IN THE COURT OF THE SENIOR CIVIL JUDGE AND JMFC, AT KUNIGAL, PENDING ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC, AT KUNIGAL AND TRANSFER THE SAME TO BE TRIED BY THE I ADDITIONAL SENIOR CIVIL JUDGE BANGALORE RURAL (DIST) BANGALORE, IN THE INTEREST OF JUSTICE.

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THIS PETITION, COMING ON FOR ADMISSOIN, 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. In spite of service of notice, respondent did not turned up and remained Ex-parte.

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Heard the arguments of learned counsel for the petitioner.

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This transfer petition is filed by the petitioner - wife for withdrawal of M.C.No.13/2025 filed by the respondent - husband for dissolution of their marriage before the Senior Civil

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NC: 2026:KHC:28801 CP No. 391 of 2025

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HC-KAR

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Judge and J.M.F.C., Kunigal and transfer the same to I Additional Senior Civil Judge, Bengaluru Rural District, Bengaluru.

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The marriage between the petitioner and the respondent was solemnized on 05.11.2018 as per customs prevailing in their community. The couple blessed with a child in the year 2019. It is stated that the respondent is also working as a driver and filed M.C.No.13/2025 at Kunigal, which is his parents' place. Initially, the petitioner has filed M.C.No.623/2022 seeking restitution of conjugal rights and withdrawn the same. Thereafter, the petitioner - wife filed Criminal Miscellaneous No.1155/2023 seeking maintenance. The trial Court had granted Rs.6,000/- per month to the petitioner and Rs.4,000/- per month to the child as interim maintenance on 05.02.2025. Against the said order, the respondent - husband filed Criminal Appeal No.69/2025 and the same was dismissed.

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Learned counsel of the petitioner submits that he is not paying the interim maintenance regularly and there is

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NC: 2026:KHC:28801 CP No. 391 of 2025

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HC-KAR

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arrears of Rs.3,50,000/- to be paid by him. The petitioner - wife is residing with her parents along with minor child in K.R.Puram, Bengaluru. M.C.No.13/2025 filed by the respondent - husband is pending before the Senior Civil Judge and J.M.F.C., Kunigal. The distance between Bengaluru to Kunigal is more than 90 Kms.

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It is stated that the respondent has filed chiefexamination affidavit and it is posted for marking of the documents before the Senior Civil Judge and J.M.F.C., Kunigal.

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Considering the arguments of the learned counsel for

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the petitioner, in the absence of respondent's counsel, this Court finds it is just and reasonable to transfer the matter. Hence, this Court pass the following:

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ORDER

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i) The petition is allowed .

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ii) M.C.No.13/2025 filed by the respondent - husband seeking dissolution of marriage before the Senior Civil Judge and J.M.F.C., Kunigal is withdrawn and the same is transferred to I

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NC: 2026:KHC:28801 CP No. 391 of 2025

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HC-KAR

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Additional Senior Civil Judge, Bengaluru Rural

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District, Bengaluru.

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In view of disposal of the main petition, pending I.A's. are

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