SRI. KANAKA. K. K v. SHEKHAR DESAI
Case at a glance
Outcome
Allowed
Accordingly, the Civil Petition is Allowed
Key paragraphs
- Para 66. Since both parties are residing at Challakere and the wife is also working as a Lecturer at the said place, this Court finds it just and reasonable to transfer M.C.No.447/2025 from the Court of II Additional Senior Civil Judge, Bengaluru Rural District, Bengaluru, to…
Judgment
SRI. KANAKA. K. K. S/O KRISHNAMURTHY 32 YEARS SIDDAPURA VILLAGE HOTTEPPANAHALI POST CHALLAKERE TQ CHITRADURGA DIST - 577 522. (BY SRI. G.R. JAYANNA, ADVOCATE) AND: …PETITIONER SHEKHAR DESAI Location: High Court Of Karnatka SMT. RAMYA. P W/O KANAKA.K.K AGE 29 YEARS R/AT LAKSHMIPURA, THATGUNI-POST, KENGERI-HOBLI KANAKAPURA ROAD, BENGALURU-SOUTH TALUK BENGALURU - 560 083 ALSO AT PARASHURAMPURA-VILLAGE AND POST, CHALLAKERE-TQ, CHITRADURGA-DIST. - 577 522. (RESPONDENT - RAMYA. P - SERVED) …RESPONDENT - 2 - NC: 2026:KHC:5581 CP No. 1 of 2026 HC-KAR THIS CIVIL PETITION IS FILED UNDER SEC. 24 OF THE CIVIL PROCEDURE CODE. 1908., PRAYING TO TRANSFER THE M.C.NO.447/2025 PENDING BEFORE THE HONBLE II ADDITIONAL SENIOR CIVIL JUDGE, BENGALURU RURAL, BENGALURU TO HONBLE PRL. CIVIL JUDGE AND JMFC, AT CHALLEKERE, CHITRADURGA DISTRICT BY ALLOWING THIS PETITION IN THE INTEREST OF JUSTICE AND EQUITY AND OTHER RELIEF WHICH DEEMS FIT TO GRANT UNDER THE CIRCUMSTANCES OF THE 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.
In spite of service of notice on the learned counsel for the respondent, he did not turn up.
Heard the arguments of learned counsel for the petitioner.
This Civil Petition is filed by the husband for transfer of M.C.No.447/2025, filed by the wife for restitution of conjugal rights on 19.06.2025, from the Court of II Additional Senior - 3 - NC: 2026:KHC:5581 CP No. 1 of 2026 HC-KAR Civil Judge, Bengaluru Rural District, Bengaluru, to the Court of Principal Civil Judge and JMFC, Challakere, Chitradurga District. The husband has filed O.S.No.161/2025 for annulment of marriage before the said Court on 02.05.2025.
It is further stated that the respondent is working as a Lecturer at Chitrahalli, Holalkere Taluk, Chitradurga District. But she has filed the petition for restitution of conjugal rights before the Court of II Additional Senior Civil Judge, Bengaluru Rural District, Bengaluru, only to harass the petitioner. It is also stated that she has lodged a complaint against the husband and his in-laws before the Challakere Police Station on 05.11.2025 in Crime No.493/2025.
Operative part
Since both parties are residing at Challakere and the wife is also working as a Lecturer at the said place, this Court finds it just and reasonable to transfer M.C.No.447/2025 from the Court of II Additional Senior Civil Judge, Bengaluru Rural District, Bengaluru, to the Court of Principal Civil Judge and JMFC, Challakere, Chitradurga District, to try along with O.S.No.161/2025 filed by the husband for annulment of marriage. - 4 - NC: 2026:KHC:5581 CP No. 1 of 2026 HC-KAR Accordingly, the Civil Petition is Allowed. In view of the disposal of the petition, all the pending IAs', if any, stands disposed of. Sd/- (P SREE SUDHA) JUDGE AMA List No.: 1 Sl No.: 54
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
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