Karnataka High Court
CP/246/2025 of SMT.LAKSHMI S Vs SRI.C.K. RUPESH on 1 October 2026
CNR: KAHC010445082025 NC: 2026:KHC:54854 CP No. 246 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF OCTOBER, 2026 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI CIVIL PETITION NO. 246 OF 2025 BETWEEN: SMT.LAKSHMI S., W/O SRI C.K. RUPESH, AGED ABOUT 28 YEARS, R/AT
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE RAVI V HOSMANI
CIVIL PETITION NO. 246 OF 2025
BETWEEN:
SMT.LAKSHMI S.,
W/O SRI C.K. RUPESH,
AGED ABOUT 28 YEARS,
R/AT NO.227,
C/O SHANKARANAYAKA,
AMARAVATHY COLONY,
HARIHAR - 577 601.
…PETITIONER
(BY SMT.HEMAVATHI J., ADVOCATE FOR
SRI CHENNAKESHAVA SWAMY, ADVOCATE)
AND:
SRI C.K. RUPESH
S/O SRI H.KRISHNA,
AGED ABOUT 35 YEARS,
R/AT SIDDAGANGAPPA BUILDING,
GANGONDANAHALLI MAIN ROAD,
LAKSHMIPURA, BENGALURU NORTH,
BENGALURU - 562 123.
AND ALSO AT
SRI C.K. RUPESH
S/O SRI H.KRISHNA,
R/AT K.G.LAKKENAHALLI,
JYOTHI NAGARA, DASANAPURA,
BENGALURU - 562 162.
…RESPONDENT
(RESPONDENT - NOTICE SERVED AND UNREPRESENTED)
Digitally signed
by ANUSHA V
Location: High
Court of
Karnataka
HC-KAR
THIS CIVIL PETITION FILED UNDER SEC. 24 OF THE
CIVIL PROCEDURE CODE 1908 PRAYING TO TRANSFER THE
PETITION IN MC NO.125/2024 FILED BY THE RESPONDENT ON
THE FILE OF THE HON'BLE I ADDITIONAL SENIOR CIVIL JUDGE
AND JMFC AT NELAMANGALA TO THE COURT OF PRINCIPAL
FAMILY COURT, AT DAVANAGERE IN THE INTEREST OF
JUSTICE AND EQUITY.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI
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ORAL ORDER
Seeking for transfer of proceedings in MC no.125/2024 from I Additional Senior Civil Judge and JMFC at Nelamangala to Principal Family Court at Davanagere, this petition is filed.
2. Smt.Hemavathi, learned counsel appearing for Sri Chennakeshavaswamy, advocate for petitioner submitted that marriage of petitioner and respondent was solemnized on 08.02.2023 at Harihar. Thereafter they led matrimonial life at Bangalore. Respondent was an auto driver by profession. Due to harassment with demands for dowry, she was constrained to go back to her parents at Harihar where she was without maintenance or source of income. In meanwhile, respondent
HC-KAR
had filed MC no.125/2024 under Section 13(1)(ia) of Hindu Marriage Act, 1955, for divorce. On ground that petitioner was staying with her parents at Harihar and had filed Crl. Misc. no.580/2024 before Principal Civil Judge and JMFC Court at Harihar, and respondent would require to attend said proceedings. For purpose of consolidation of proceedings at one place as well as to avoid hardship on her in travelling from Harihar to Bangalore, petition is filed.
3. Notice was issued. Respondent is served, but unrepresented. There is no opposition to petition.
4. As per decision of Hon'ble Supreme Court in NCV Aishwarya v. AS Saravana Karthik Sha reported in 2022 SCC OnLine SC 1199 in case of petition for transfer of matrimonial proceedings, convenience of wife has to be primary consideration. In instant case, apart from convenience of wife, other factor that weigh in favour of petitioner is pendency of her petition under Domestic Violence Act. But said petition is pending before Principal Civil Judge and JMFC Court at Harihar. To mitigate hardship being caused to respondent, it would be
HC-KAR
appropriate to transfer it also to be tried by Family Court at Davanagere. Accordingly, following:
ORDER
1. Petition is allowed.
2. Proceedings in MC no.125/2024 is withdrawn from file of I Additional Senior Civil Judge and JMFC at Nelamangala and transferred to Family Court at Davanagere.
3. Proceedings in Crl. Misc. no.580/2024 stands withdrawn from Principal Civil Judge and JMFC Court at Harihar and transferred to Family Court at Davanagere.
4. Both petitions to be taken up together.
5. To mitigate hardship to respondent if respondent seeks permission to contest proceedings through Video Conferencing, same shall be considered by Family Court at Davanagere.
Sd/- (RAVI V HOSMANI) JUDGE
YKL List No.: 1 Sl No.: 16