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NC: 2026:KHC:18193 CP No. 76 of 2026

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2^ND DAY OF APRIL, 2026

BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA

CIVIL PETITION NO. 76 OF 2026 BETWEEN:

SMT. LEKHA. N W/O MADHU M.K

AGED ABOUT 31 YEARS, ENGINEER, R/O BASAVA LAYOUT,

OPP HERO HONDA SHOW ROOM, SHIVAMOGGA ROAD, HOLALKERE TOWN,

CHITRADURGA DIST. - 577 526.

…PETITIONER (BY SRI. SAGAR G. NAHAR, ADVOCATE)

AND:

SRI. MADHU. M. K. S/O KARIBASAIAH,

AGED ABOUT 34 YEARS, ENGINEER, R/O G. MALLIGENAHALLI VILLAGE, Digitally signed

CHANNAGIRI TALUK, by PADMASHREE DAVANAGERE DIST. - 577 213.

SHEKHAR …RESPONDENT DESAI (BY SRI. P.M. GOPI, ADVOCATE FOR Location: High

SRI. P.M. SIDDAMALLAPPA, ADVOCATE)

Court of Karnataka THIS CP IS FILED U/S. 24 OF CPC 1908 PRAYING TO

WITHDRAW MC NO. 79/2025, PENDING BEFORE THE HONBLE SENIOR CIVIL JUDGE AND JMFC, CHANNAGIRI, DAVANAGERE DISTRICT, VIDE ANNEXURE B TRANSFER THE SAME TO THE FILE OF THE HONBLE CIVIL JUDGE AND JMFC, HOLALKERE,

CHITRADURGA DISTRICT.

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

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NC: 2026:KHC:18193 CP No. 76 of 2026

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CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA

ORAL ORDER

Heard the arguments of both sides.

2. This transfer petition is filed by the wife for

transfer of M.C.No.79/2025 filed by husband for divorce before the Senior Civil Judge & J.M.F.C., Channagiri, Davanagere District to the Civil Judge & J.M.F.C., Holalkere, Chitradurga District. Learned counsel for the petitioner mainly contended that the divorce application is not filed before the proper Court as per Section 19 of the Hindu Marriage Act. The marriage was performed at Holalkere. The respondent at the time of presentation of the petition to till date, is residing at Holalkere. The petitioner and respondent last resided at Anekal, Bengaluru. As such, the Court at Channagiri has no jurisdiction. Therefore, requested for transfer and he further stated that it was by mistake mentioned as

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NC: 2026:KHC:18193 CP No. 76 of 2026

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J.M.F.C. and it can be transferred to Senior Civil Judge

Court at Holalkere.

3. Learned counsel for the respondent-husband

stated in the MC that their marriage was performed in the year 2019 at Holalkere. Later they resided for 4 days at G. Malligenahalli Village of Chennagiri Taluk and then went to Bengaluru. From there, they have shifted to Anekal, Bengaluru. The counsel for the petitioner brought to the notice of the Court about the averments in paragraph 10 of the divorce application, in which, it was mentioned that petitioner and respondent went to the puja at Gokarna temple and from there they came to the house of the petitioner at G.Malligenahalli of Basavapatna Hobli, Channagiri Taluk. In the next day morning, her father took her to his house at Holalkere and later she has not come either to their village or Bengaluru for about 2 months and she is not even contacted him and argued that she has not resided at Channagiri. The issue of jurisdiction is to be raised before the concerned Court and on that ground,

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NC: 2026:KHC:18193 CP No. 76 of 2026

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transfer petition is not maintainable. For this, the parties are at liberty to raise the objection before the Senior Civil

Judge, Channagiri.

With the above observation, the petition is dismissed. In view of the dismissal of the petition, the

pending IAs., if any shall stand closed.

Sd/-

(P SREE SUDHA)

JUDGE

KA List No.: 1 Sl No.: 54