Allowed¶41

Smt. Rakshitha S v. Sri Rakeesh Y Gauli

Karnataka HC4 Mar 2026CP/40/2026

Case brief

AI extract

What is this about?

Transfer petition, Sec. 24 CPC 1908, wife petitioner Rakshitha S; seeks transfer of husband Rakeesh Y Gauli's divorce M.C.No.142/2025 (filed 02.07.2025) from Additional Senior Civil Judge and CJM Court, Chitradurga to Senior Civil Judge and JMFC Court, Soraba, Shivamogga District; grounds: 07.02.2025 marriage, residence at Soraba Taluk, 171 km distance, aged 22 cannot travel alone, alleged assault and threat to life; held just and reasonable; petition allowed; pending IAs disposed of.

What did the court decide?

Transfer of M.C.No.142/2025 pending before the Additional Senior Civil Judge and CJM Court, Chitradurga to the Senior Civil Judge and JMFC Court at Soraba, Shivamogga District; pending IAs disposed of ¶41

Smt. Rakshitha S Vs Sri Rakeesh Y Gauli — Karnataka HC (2026) — LawSathi Research

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NC: 2026:KHC:13377 CP No. 40 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 4^TH DAY OF MARCH, 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. 40 OF 2026

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BETWEEN:

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SMT. RAKSHITHA S W/O RAKEESH Y GAULI AGED ABOUT 22 YEARS,

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OCC: HOUSE HOLD WORK R/AT UDRI VILLAGE

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SORABA TQ SHIVAMOGGA DIST-577429

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Digitally signed by SHARADAVANI B

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Location: HIGH COURT OF KARNATAKA

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(BY SRI. PARAMESWARAIAH D. C., ADVOCATE)

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AND:

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…PETITIONER

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SRI RAKEESH Y GAULI S/O S YELLAPPA AGED ABOUT 30 YEARS, OCC: TEACHER AT S J M ENGLISH MEDIUM HIGHER PRIMARY SCHOOL

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2 - NC: 2026:KHC:13377 CP No. 40 of 2026

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HC-KAR

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M K HATTI, CHITRADURGA R/AT KAVADIGARAHATTI CHITRADURGA TOWN CHITRADURGA-577502

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…RESPONDENT

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(BY SRI. SPOORTHY HEGDE N., ADVOCATE)

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THIS CIVIL PETITION FILED UNDER SEC. 24 OF THE CIVIL PROCEDURE CODE. 1908., PRAYING TO TRANSFER THE M.C.NO.142/2025 FILED BY THE RESPONDENT, WHICH IS PENDING BRFORE THE LEARNED I ADDITIONAL SENIOR CIVIL JUDGE AND CJM COURT, CHITRADURGA TO SENIOR CIVIL JUDGE AND JMFC SORABA, SHIVAMOGGA DISTRICT, AND ETC.,

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

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NC: 2026:KHC:13377 CP No. 40 of 2026

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HC-KAR

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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 petitioner. Learned counsel for the respondent appeared and asked for time in the morning during call-work time, and later when the matter is taken up, there is no representation by the learned counsel for the respondent.

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This transfer petition is filed by the wife for the transfer of M.C.No.142/2025, filed by the husband for divorce on 02.07.2025 before the learned Additional Senior Civil Judge and CJM Court, Chitradurga, to the learned Senior Civil Judge and JMFC Court at Soraba, Shivamogga District.

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It is the submission of the learned counsel for

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the petitioner that their marriage was performed on 07.02.2025. The respondent, within the five months from the date of marriage, had filed the said application. From then onwards, she residing with her parents at Soraba Taluk, and the husband filed the MC petition before the

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NC: 2026:KHC:13377 CP No. 40 of 2026

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HC-KAR

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Additional Senior Civil Judge and CJM Court, Chitradurga. The distance between Soraba and Chitradurga is about 171 kilometers. It is stated that she is aged 22 years and she cannot travel alone. She also stated that the respondent abused and assaulted her many times, as such, she has a threat to her life to appear before Chitradurga Court. Therefore, requested for transfer.

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Considering the reasons stated in the application, this Court finds that it is just and reasonable to transfer M.C.No.142/2025 pending on the file of the learned Additional Senior Civil Judge and CJM Court, Chitradurga to the learned Senior Civil Judge and JMFC Court at Soraba, Shivamogga District.

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With the above observation, the petition is allowed .

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Pending IAs., if any shall stand disposed of.

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Sd/(P SREE SUDHA) JUDGE

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SSB

Smt. Rakshitha S v. Sri Rakeesh Y Gauli

Case brief

What is this about?

What did the court decide?

Smt. Rakshitha S v. Sri Rakeesh Y Gauli

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

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