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Mrs. Priyanka. G v. Mr. Chethan Kumar. C. N.

Karnataka HC5 Mar 2026CP/417/2025

Case brief

AI extract

What is this about?

Keywords: transfer of matrimonial case; Section 24 CPC; M.C.No.634/2025 divorce petition; Principal Senior Civil Judge Bangalore Rural to Senior Civil Judge and JMFC Malavalli; wife's convenience; bed-ridden mother; 103 kilometers; Section 498A IPC complaint; Domestic Violence Act Crl.Misc.No.563/2024; maintenance Crl.Misc.No.565/2024; restitution of conjugal rights M.C.No.29/2024 withdrawn; mediation liberty. Coram: Hon'ble Mrs. Justice P Sree Sudha (single judge). Decided 05-03-2026. Result: Civil Petition allowed; proceedings transferred.

What did the court decide?

Transfer of the entire proceedings in M.C.No.634/2025 from the Principal Senior Civil Judge, Bangalore Rural to the Senior Civil Judge and JMFC, Malavalli, Mandya District; liberty to the Trial Court to refer the parties for mediation if they are interested in settlement.

Mrs. Priyanka. G Vs Mr. Chethan Kumar. C. N. — Domestic Violence | Karnataka HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether M.C.No.634/2025 (divorce petition filed by the respondent-husband), pending before the Principal Senior Civil Judge, Bangalore Rural, should be transferred under Section 24 CPC to the Senior Civil Judge and JMFC, Malavalli, Mandya District.

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Court's answer

This Court finds it just and reasonable to transfer M.C.No.634/2025 from the Principal Senior Civil Judge, Bangalore Rural to the Senior Civil Judge and JMFC, Malavalli, Mandya District, having regard to the petitioner-wife's residence at Malavalli, care of her bed-ridden mother, lack of earnings, the 103 km distance to Bengaluru, and absence of relatives or friends at Bangalore.

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Ratio / Principle

Civil Petition allowed; the entire proceedings in M.C.No.634/2025 are transferred from the Principal Senior Civil Judge, Bangalore Rural to the Senior Civil Judge and JMFC, Malavalli, Mandya District.

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Key takeaways

The Trial Court is at liberty to refer the parties for mediation if they are interested in settlement.obiter¶38

Detailed headnote1 paragraphs

Transfer petition under Sec. 24 CPC filed by the wife allowed. The entire proceedings in M.C.No.634/2025 (divorce petition filed by the husband) stand transferred from the Principal Senior Civil Judge, Bangalore Rural to the Senior Civil Judge and JMFC, Malavalli, Mandya District. Grounds: petitioner-wife resides at Malavalli with her totally bed-ridden mother, is not working and has no earnings, the distance from Malavalli to Bengaluru is 103 kilometers, she has no relatives or friends at Bangalore and cannot reside in a hotel to pursue the litigation; she has also filed a 498A IPC complaint and maintenance/Domestic Violence proceedings at Malavalli, while the respondent's earlier restitution of conjugal rights case (M.C.No.29/2024) was withdrawn. Trial Court at liberty to refer the parties for mediation if interested in settlement.

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1 - NC: 2026:KHC:13634 CP No. 417 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 5^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.417 OF 2025

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BETWEEN:

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MRS. PRIYANKA G W/O CHETHAN KUMAR C N D/O GURULINGAIAH AGED ABOUT 31 YEARS PRESENTLY R/AT SIDDHARTHA EXTENSION YATTAGADAHALLI KARASAWADI ROD MANDYA CITY MANDYA – 571401

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…PETITIONER

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(BY SRI SANDESH KUMAR M, ADVOCATE)

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Digitally signed AND: by DEVIKA M Location: HIGH MR. CHETHAN KUMAR C N COURT OF S/O NANJUNDAIAH KARNATAKA AGED ABOUT 37 YEARS R/AT CHIKKAMULGUDU MALAVALLI TALUK MANDYA DISTRICT-571 424

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…RESPONDENT

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(BY SRI MANJUNATH CHOUDHARY S, ADVOCATE [ABSENT])

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THIS CP IS FILED UNDER SEC.24 OF CPC PRAYING TO TRANSFER THE MC NO.634/2025 FILED BY THE RESPONDENT

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NC: 2026:KHC:13634 CP No. 417 of 2025

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HC-KAR

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PENDING BEFORE THE PRL. SENIOR CIVIL JUDGE AT BENGALURU RURAL TO THE SENIOR CIVIL JUDGE AND JMFC, MALAVALLI, MANDYA DISTRICT AND ETC.

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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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This petition is filed by the petitioner-wife praying this

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Court to transfer M.C.No.634/2025 filed by her husbandrespondent for divorce before Principal Senior Civil Judge, Bangalore Rural to the Senior Civil Judge and JMFC, Malavalli, Mandya District.

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Heard the learned counsel appearing for the

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petitioner. Though the respondent represented through the counsel, the counsel did not turn up.

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It is stated in the transfer petition that the marriage of the petitioner and respondent was performed in the year 2021. It is stated that initially, the respondent had filed M.C.No.29/2024 before the Senior Civil Judge, Malavalli for restitution of conjugal rights on 20.04.2024 and the said case was withdrawn by the respondent. In the meanwhile, the

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NC: 2026:KHC:13634 CP No. 417 of 2025

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HC-KAR

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petitioner had filed Crl.Misc.No.565/2024 for maintenance and Crl.Misc.No.563/2024 under Domestic Violence Act. On 07.08.2025, again the respondent had filed divorce petition in M.C.No.634/2025 before the I Additional Senior Civil Judge, Bengaluru Rural.

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It is further stated in the petition that petitioner is residing with her parents and she is not working and there is no earning. The respondent is working at Bangalore. It is further stated that her mother is totally bed-ridden and the petitioner has to take care of her mother. The petitioner cannot travel from Malavalli to Bengaluru which is at a distance of 103 kilometers on all the hearing dates.

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The records discloses that the petitioner had filed a criminal complaint against her husband under Section 498A of IPC and also for maintenance at Malavalli. The respondent deserted the petitioner from last two years and not paid any maintenance to her. She has no relatives or friends at Bangalore and she cannot reside in a hotel to pursue the litigation. Therefore, this Court finds that it is just and reasonable to transfer M.C.No.634/2025 from Principal Senior

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NC: 2026:KHC:13634 CP No. 417 of 2025

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HC-KAR

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Civil Judge, Bangalore Rural to Senior Civil Judge and JMFC, Malavalli, Mandya District.

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