Smt. Nikhitha M N Vs Shri. Sharanesh Aradhya M — Karnataka HC (2026) — LawSathi Research

Smt. Nikhitha M N Vs Shri. Sharanesh Aradhya M — Karnataka HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Transfer of the restitution of conjugal rights case (printed as M.C.No.3851/2022 in the operative paragraph; elsewhere M.C.No.3851/2025) from the Principal Judge, Family Court, Bengaluru to the Court of the learned Senior Principal Civil Judge, Chitradurga; interlocutory applications, if any, disposed of.

Issue for consideration

Whether M.C.No.3851/2025 (restitution of conjugal rights case filed by the husband) pending before the Family Court, Bengaluru should be transferred to the Court of the Senior Principal Civil Judge, Chitradurga, given that the petitioner-wife resides at Chitradurga with her parents and the 250 k.m. distance makes attendance inconvenient for her.

Court's answer

The Court found it reasonable to transfer the restitution of conjugal rights case (printed as M.C.No.3851/2022 in the operative paragraph; referred to elsewhere as M.C.No.3851/2025 and in the prayer as M.C.NO.3851/2026) from the Principal Judge, Family Court, Bengaluru to the Court of the learned Senior Principal Civil Judge, Chitradurga.

Ratio / Principle

The transfer petition is allowed.

Key takeaways

In view of the allowing of the main petition, any interlocutory applications stand disposed of.ratio¶40

Detailed headnote1 paragraphs

Transfer Petition under S.24 CPC — Wife-petitioner, a housewife residing with her parents at Chitradurga, sought transfer of her husband's restitution of conjugal rights case (M.C.No.3851/2025) pending before the Family Court, Bengaluru to the Senior Principal Civil Judge, Chitradurga, citing the 250 k.m. distance and inconvenience of travel. Counsel for the respondent was absent and there was no representation from the other side. The High Court of Karnataka (P Sree Sudha, J.; oral order dated 10-02-2026) found the transfer reasonable, allowed the petition, and disposed of any interlocutory applications. Background facts noted: marriage solemnised in 2022, no children; husband had approached police (who failed to secure the wife's attendance) and issued legal notice before filing the RCR application.

NC: 2026:KHC:8042 CP No. 422 of 2025

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HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 10^TH DAY OF FEBRUARY, 2026

BEFORE

THE HON'BLE MRS. JUSTICE P SREE SUDHA

CIVIL PETITION NO. 422 OF 2025

BETWEEN:

SMT. NIKHITHA M.N, D/O. NIRANJANA M.V, AGED ABOUT 28 YEARS, SANKALPA NILAYA, JOGIMATTI ROAD, 5^TH CROSS, NEAR PARK, CHITRADURGA TALUK AND AMP DISTRICT, KARNATAKA - 577501.

…PETITIONER

(BY SRI. DORE RAJ B H., ADVOCATE)

Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA

AND:

SHRI. SHARANESH ARADHYA M W/O. MALLAIAH, AGED ABOUT 32 YEARS, RESIDING AT FLAT NO.126/7, NO.1, SLN ENCLAVES, PUTTENAHALLI MAIN ROAD, 2^ND A CROSS, 6^TH PHASE, JP NAGAR, BANGALORE - 560 078.

...RESPONDENT

(BY SRI. HARSHA M. MUTALIK, ADVOCATE)

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NC: 2026:KHC:8042 CP No. 422 of 2025

HC-KAR

THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CODE OF CIVIL PROCEDURE PRAYING TO TRANSFER THE CASE IN M.C.NO.3851/2026 PENDING ON THE FILE OF HON'BLE 5^TH ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BENGALURU TO COURT OF SENIOR PRINCIPAL CIVIL JUDGE, CHITRADURGA BY ALLOWING THIS PETITION AND GRANT SUCH OTHER AND FURTHER RELIEF'S AS THIS HON'BLE COURT DEEMS FIT AND PROPER UNDER THE CIRCUMSTANCES OF THIS CASE, IN THE INTEREST OF JUSTICE AND EQUITY.

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

CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA

ORAL ORDER

Learned counsel for the petitioner is present.

Learned counsel for the respondent is absent.

Heard the arguments of the learned counsel for

the petitioner.

This transfer petition was filed by the wife for transfer of M.C.No.3851/2025 filed by the husband for restitution of conjugal rights before the Principal Judge,

3 - NC: 2026:KHC:8042 CP No. 422 of 2025

HC-KAR

Family Court at Bengaluru, as she is residing with her parents at Chitradurga, she requested for transfer of the said case to the Court of learned Senior Principal Civil Judge, Chitradurga.

Learned counsel for the petitioner stated that even as per his admission in the Cr.P.C proceedings in paragraph No.12 of the M.C.No.3851/2025, he approached the police and requested them to call his wife to the police station but she did not come and she has not responded to their call. He also gave legal notice and then filed the application for restitution of conjugal rights.

Their marriage was performed in the year 2022 and they are not blessed with children. Petitioner herein is a house wife. The distance between Chitradurga and Bengaluru is 250 k.m. and thus it is inconvenient for her to attend all the way. Therefore, she requested for transfer of the case.

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NC: 2026:KHC:8042 CP No. 422 of 2025

HC-KAR

There is no representation from other side. This

Court finds it reasonable to transfer M.C.No.3851/2022 before the Principal Judge, Family Court, Bengaluru to the Court of learned Senior Principal Civil Judge, Chitradurga. Accordingly, the petition is allowed .

In view of the allowing of main petition, the interlocutory applications, if any, stand disposed of.

SD/(P SREE SUDHA) JUDGE

CR/List No.: 1 Sl No.: 55