SRI KRISHNAPPA vs DR RAGHUNATHA K R

Court
Karnataka High Court

- 1 -
HC-KAR
NC: 2026:KHC:61818
CP No. 266 of 2026
C/W CP No. 383 of 2026


CNR: KAHC010537942026



IN THE HIGH COURT OF KARNATAKA AT BENGALURU


TH
DATED THIS THE 6 DAY OF NOVEMBER, 2026

BEFORE


THE HON'BLE MR. JUSTICE RAVI V HOSMANI

CIVIL PETITION NO. 266 OF 2026

C/W


CIVIL PETITION NO. 383 OF 2026

IN CP No. 266/2026

BETWEEN:


DR. RAGHUNATHA K R.,
S/O RANGADANAPPA K R.,
AGED ABOUT 38 YEARS,
ASSISTANT PROFESSOR
R/AT UNIVERSITY QUARTERS,
SHIVAGANGOTRI CAMPUS,
BADA ROAD,
DAVANAGERE CITY AND POST,
DAVANAGERE DISTRICT.
AADHAR NO.9503 6029 2617
MOBILE NO.8095810145.
…PETITIONER





Digitally signed
by ANUSHA V
Location: High
Court of
Karnataka

[BY SRI MANJUNATHA T., ADVOCATE (PH)]
AND:
1. KRISHNAPPA
S/O LATE KENCHAPPA
OCCUPATION AGRICULTURE
R/AT BAVIKERE VILLAGE AND POST
LAKKAVALLI HOBLI,
TARIKERE TALUK
CHICKMAGALUR DISTRICT.

- 2 -
HC-KAR
NC: 2026:KHC:61818
CP No. 266 of 2026
C/W CP No. 383 of 2026


CNR: KAHC010537942026


AADHAR NO.7318 5751 6958
MOBILE NO.9980309739.

2. SMT.SHARADAMMA
W/O KRISHNAPPA,
AGED ABOUT 43 YEARS,
OCCUPATION: AGRICULTURE
R/AT BAVIKERE VILLAGE AND POST
LAKKAVALLI HOBLI, TARIKERE TALUK
CHICKMAGALUR DISTRICT.
AADHAAR NO.9022 1560 0039
MOBILE NO.9980309739.

…RESPONDENTS
[BY SRI SIDDANOORU VISHWANATHA, ADVOCATE (PH)]
THIS CP IS FILED UNDER SEC.24 OF CPC., PRAYING TO
TRANSFER G AND WC NO.01/2026, PENDING ON THE FILE OF
THE COURT OF THE SENIOR CIVIL JUDGE AND JMFC,
TARIKERE, CHICKMAGALURU DISTRICT, TO THE FAMILY
COURT AT DAVANAGERE IN EXERCISE OF THE POWERS
CONFERRED UNDER SEC.24 OF THE CODE OF CIVIL
PROCEDURE, 1908, IN THE INTEREST OF JUSTICE AND
EQUITY.

IN CP NO. 383/2026
BETWEEN:
1. SRI KRISHNAPPA
S/O LATE SRI KENCHAPPA,
AGED ABOUT 55 YEARS,

2. SMT.SHARADAMMA,
S/O SRI KRISHNAPPA,
AGED ABOUT 43 YEARS,

- 3 -
HC-KAR
NC: 2026:KHC:61818
CP No. 266 of 2026
C/W CP No. 383 of 2026


CNR: KAHC010537942026



3. MASTER DUGU R.GOWDA
S/O DR.RAGHUNATHA K.R.,
AGED ABOUT 3 YEARS 6 MONTHS,
SINCE MINOR REP. BY PETITIONER NOs.1 & 2
PETITIONER NOs.1 TO 3 ARE
R/O BAVIKERE VILLAGE AND POST,
LAKKAVALLI HOBLI, TARIKERE TALUK,
CHIKKAMAGALURU DISTRICT - 577 144.

...PETITIONERS
[BY SRI SIDDANOORU VISHWANATHA, ADVOCATE (PH)]
AND:
DR. RAGHUNATHA K R.,
S/O SRI RANGADANAPPA K.R.,
AGED ABOUT 38 YEARS,
R/O UNIVERSITY QUARTERS,
SHIVAGANGOTRI CAMPUS,
BADA ROAD, DAVANAGERE
DAVANAGERE - 577 002.
...RESPONDENT
[BY SRI MANJUNATHA T., ADVOCATE (PH)]
THIS CP IS FILED U/S. 24 OF CPC PRAYING TO PASS AN
ORDER TRANSFERRING THE SAME FROM THE HONBLE FAMILY
COURT, DAVANAGERE TO THE HONBLE SENIOR CIVIL JUDGE
COURT, TARIKERE, CHIKKAMAGALURU DISTRICT SO AS TO
ENABLE ADJUDICATION OF THE MATTER ACCORDING THE
LAW, ALONGWITH G AND WC NO.1/26 PENDING BEFORE
HONBLE SENIOR CIVIL JUDGE COURT, TARIKERE,
CHIKKAMAGALURU DISTRICT SINCE BOTH THE CASES ARE
PERTAINING TO SIMILAR RELIEFS i.e., THE CUSTODY OF
MINOR CHILD DUGU R. GOWDA, IN THE INTEREST OF

- 4 -
HC-KAR
NC: 2026:KHC:61818
CP No. 266 of 2026
C/W CP No. 383 of 2026


CNR: KAHC010537942026


JUSTICE AND EQUITY.

THESE PETITIONS ARE COMING ON FOR ADMISSION ,
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI

ORAL ORDER

In these petitions filed under Section 24 of Code of Civil
Procedure, 1908, CP no.266/2026 is filed for transfer of
proceedings in G&WC no.01/2026 from file of Senior Civil
Judge, Tarikere to Family Court at Davanagere, while CP
no.383/2026 is filed for transfer of G&WC no.30/2025 from file
of Family Court at Davanagere to Court of Senior Civil Judge,
Tarikere.


2. Sri Manjunatha T., learned counsel for petitioner
(husband) in CP no.266/2026 submitted that marriage of
petitioner and respondents' daughter was solemnized on
15.05.2022 at Tarikere. Thereafter, they led marital life at
Davanagere and from wed lock, a son was born on 18.04.2023.
But after death of respondents' daughter by suicide on
08.03.2024, respondents - maternal grand parents took
custody of son and denied access or visitation rights to
petitioner, even after repeated requests. Hence, he filed G&WC

- 5 -
HC-KAR
NC: 2026:KHC:61818
CP No. 266 of 2026
C/W CP No. 383 of 2026


CNR: KAHC010537942026


no.30/2025. It was submitted, stipulation in Section 9 of
Guardians and Wards Act, 1890 ( G&WC Act ) about Court
having territorial jurisdiction over place, where child ordinarily
resides as forum for filing petition for custody was not
inviolable by relying on Division Bench decision of this Court in
Priyanka V. v. Prashanth D Veerapur [2026:KHC:44975-
DB] holding that circumstances existing prior to dispute would
be relevant and mere taking child from one place to another
would not permit a party to create a different forum. Hence,
objection of respondents was not justified and prayed for
allowing petition.


3. On other hand, Sri Siddanooru Vishwanatha,
learned counsel appearing for respondents opposed petition on
ground that Section 9 of G&WC Act mandates applications
regarding custody of minor to be filed, where minor ordinarily
resides. And since, minor child was residing with them at
Tarikere for two years, G&WC no.30/2025 filed by petitioner
herein before Family Court at Davanagere was not
maintainable. On other hand, it was submitted that
respondents had filed CP no.383/2026 for transfer of same to

- 6 -
HC-KAR
NC: 2026:KHC:61818
CP No. 266 of 2026
C/W CP No. 383 of 2026


CNR: KAHC010537942026


Court of Senior Civil Judge, Tarikere, where they had filed
G&WC no.1/2026 for guardianship. On said grounds, sought for
dismissal of CP no.266/2026 and allow CP no.383/2026.


4. Heard learned counsel, perused petition and
material on record.


5. These petitions are filed for transfer of proceedings
under G&WC Act filed by rival parties.


6. CP no.266/2026 is by father of child for transfer of
petition for declaration of guardianship filed by respondents
maternal grand parents from Court at Tarikere to Family Court
at Davanagere, while CP no.383/2026 is for transfer of petition
for custody of son from Family Court at Davanagere to Court at
Tarikere.


7. Section 9 of G&WC Act requires petition for
guardianship right or custody to be filed before District Court
having jurisdiction over place where child/minor ordinarily
resides. That child is residing with Maternal Grandparents at
Tarikere is not in dispute as petitioner is praying for custody of
child from them. Therefore, G&WC no.30/2025 filed before

- 7 -
HC-KAR
NC: 2026:KHC:61818
CP No. 266 of 2026
C/W CP No. 383 of 2026


CNR: KAHC010537942026


Family Court at Davanagere would not be maintainable. On
same reasoning, it would not be appropriate to transfer G&WC
no.1/2026 filed before Court at Tarikere to Family Court at
Davanagere. It would only be appropriate that both petitions be
considered by proper Court at Tarikere, but by providing for
directions to mitigate inconvenience and hardship.


8. Accordingly, CP no.266/2026 is dismissed and CP
no.383/2026 is allowed. Proceedings in G&WC no.30/2025
stand withdrawn from Family Court at Davanagere and
transferred to Court of Senior Civil Judge, Tarikere,
Chikkamagaluru, to be tried along with G&WC no.1/2026.

Undertaking of both parties to co-operate for early
conclusion is recorded and a direction issued to transferee
Court to expedite proceedings.

In view of above, pending applications stand disposed of .

Sd/-
(RAVI V HOSMANI)
JUDGE


HNM, AV
List No.: 1 Sl No.: 34