Smt.G. Usha Rani Vs Sri.D Parandhaman @ Naveen — Domestic Violence | Karnataka HC (2026)

Smt.G. Usha Rani Vs Sri.D Parandhaman @ Naveen — Domestic Violence | Karnataka HC (2026)

What the court decided

AI extract

Outcome

Withdrawal of M.C.No.52/2023 from the file of the Senior Civil Judge and Prl JMFC, KGF, Kolar and its transfer to the Court of the Senior Civil Judge and JMFC at Channapatna, to be tried along with the other cases pending before that Court.

Issue for consideration

Whether M.C.No.52/2023 — the divorce petition filed by the respondent-husband pending before the Senior Civil Judge and Prl JMFC, KGF, Kolar — should be withdrawn from that Court and transferred to the Court of the Senior Civil Judge and JMFC at Channapatna.

Court's answer

As the respondent did not turn up, and considering the arguments of counsel for the petitioner, the Court found it reasonable to transfer M.C.No.52/2023 from the Senior Civil Judge and JMFC, KGF, Kolar to the Senior Civil Judge and JMFC at Channapatna, to be tried along with the other cases pending before that Court (the stated grounds being the 164 km distance, the petitioner's inability to travel alone, and that her aged parents cannot travel with her).

Detailed headnote1 paragraphs

Transfer of matrimonial case — S. 24 CPC — Petition by the wife under Section 24 CPC seeking withdrawal of her husband's divorce petition M.C.No.52/2023, pending before the Senior Civil Judge and Prl JMFC, KGF, Kolar, and its transfer to the Senior Civil Judge and JMFC, Channapatna. Background: marriage in 2016; alleged filthy abuse and physical assault during her pregnancy resulting in abortion; eviction from the matrimonial home on 12.07.2017; panchayats and a complaint before the CDPO, Kolar; respondent's earlier restitution petition M.C.No.77/2017 dismissed for non-prosecution on 12.07.2019; petitioner's DV Act case (Criminal Misc.No.16/2020) and maintenance case (Criminal Miscellaneous No.438/2024) pending at Channapatna; Kolar–Channapatna distance 164 km; petitioner unable to travel alone and aged parents unable to accompany her. Respondent did not appear despite sufficient opportunity, was set ex-parte (held sufficient vide order dated 02.06.2026), and was not represented. Holding: the Court found it reasonable to transfer M.C.No.52/2023 to Channapatna to be tried along with the other cases pending before that Court; petition allowed.

1 - NC: 2026:KHC:25697 CP No. 533 of 2024

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 2^ND DAY OF JUNE, 2026

BEFORE

THE HON'BLE MRS. JUSTICE P SREE SUDHA

CIVIL PETITION NO. 533 OF 2024

BETWEEN:

SMT. G. USHA RANI W/O D. PARANDHAMAN @ NAVEEN, D/O SRI. N. KAINEED AGED ABOUT 31 YEARS, R/AT 2ND CROSS, ANANDAPURA, SATHANUR ROAD, CHANNAPATNA TOWN, RAMANAGARA DISTRICT - 562 117.

…PETITIONER

(BY SRI. NATARAJ BABA K, ADVOCATE)

AND:

Digitally signed by SRI. D. PARANDHAMAN @ NAVEEN PADMASHREE SHEKHAR S/O LATE T.A. DHAMODRAN, DESAI AGED ABOUT 37 YEARS, Location: High R/O NO.66, R. BLOCK, Court of CHAMPION REEF, K.G.F - 571 112. Karnataka

…RESPONDENT

(RESPONDENT HELD SUFFICIENT VIDE ORDER DATED 02.06.2026)

THIS CP IS FILED UNDER SECTION 24 OF CPC, PRAYING TO., WITHDRAW THE MC NO.52/2023 FROM THE FILE OF THE

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SENIOR CIVIL JUDGE AND PRL JMFC, KGF, KOLAR AND TRANSFER THE SAME TO THE COURT OF HONBLE SENIOR CIVIL JUDGE AND JMFC, AT CHANNAPATNA IN THE ENDS OF JUSTICE AND EQUITY.

THIS PETITION, COMING ON FOR ORDERS, 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.

In spite of giving sufficient opportunity, respondent did not turn up and set ex-parte.

Heard the arguments of the counsel for the

petitioner.

This application is filed by the wife for transfer of M.C.No.52/2023 filed by husband/respondent for divorce pending before the Senior Civil Judge and JMFC, KGF at Kolar to the Senior Civil Judge at Channapatna. Marriage of the petitioner with respondent was performed in the year 2016. When she became pregnant, respondent was abusing her in filthy language and also assaulted her physically. Unable to

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HC-KAR

tolerate the same, she got aborted the pregnancy before 3 months. He thrown her out from the matrimonial home on 12.07.2017. Several panchayats were conducted and she also gave complaint against respondent before the CDPO, Kolar.

Initially, respondent filed M.C.No.77/2017 for restitution of conjugal rights. But it was dismissed for nonprosecution on 12.07.2019. The distance between Kolar and Channapatna is 164 kilometres. She filed Criminal Misc.No.16/2020 before Senior Civil Judge and JMFC, Channapatna under Protection of Women from Domestic Violence Act 2005 and also filed Criminal Miscellaneous No.438/2024 for maintenance. Petitioner cannot travel alone and her aged parents cannot travel along with her. Therefore, request for transfer of the petition.

As the respondent did not turn up, considering the arguments of the counsel for the petitioner, this Court finds it reasonable to transfer M.C.No.52/2023 from Senior Civil Judge and JMFC, KGF, Kolar to Senior Civil Judge and JMFC at Channapatna to try along with other cases pending before the same Court.

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Accordingly, the petition is allowed.

Sd/(P SREE SUDHA) JUDGE

rv

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