SMT ANUSHA W/O VEERESH MARCHAL ALIAS MUDAGALI vs SHRI VEERESH S/O VENKANNA MARCHALA ALIAS MARCHAL
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC-D:17498
CP No. 100299 of 2026
CNR: KAHC020127972026
IN THE HIGH COURT OF KARNATAKA AT DHARWAD
TH
DATED THIS THE 27 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE B. MURALIDHARA PAI
CIVIL PETITION NO.100299 OF 2026
BETWEEN:
SMT. ANUSHA W/O. VEERESH MARCHAL @ MUDAGALI,
AGE: 32 YEARS, OCC. HOUSEHOLD,
ND
R/O. PLOT NO. 149, 2 MAIN ROAD,
BYPASS ROAD, SECTOR NO.8, NAVANAGAR,
BAGALKOTE- 587103,
ALSO RESIDING AT: NEAR MARUTI MANDIR,
BAGALKOTE ROAD, HUNGUND,
DIST. BAGALKOTE-587118.
…PETITIONER
(BY SRI. MRUTYUNJAYA S. HALLIKERI, ADVOCATE)
AND:
SHRI VEERESH S/O. VENKANNA MARCHALA @ MARCHAL,
AGE: 38 YEARS, OCC. PRIVATE JOB,
R/O. LINEA SUNFLOWER APARTMENT,
BLOCK - A, A - 204, OPPOSITE TO SST CONVENTION HALL,
DODDABELLE ROAD, KENGERI,
BENGALURU-560060.
…RESPONDENT
(BY SRI. SHIVASHANKAR S.K, ADVOCATE(VC))
THIS CP IS FILED UNDER SECTION 24 OF CPC PRAYING TO
ALLOW THIS CIVIL PETITION BY WITHDRAWING AND
TRANSFERRING THE M.C. NO. 3383/2026 PENDING ON THE FILE OF
PRINCIPAL JUDGE, FAMILY COURT, BENGALURU TO PRL. JUDGE
FAMILY COURT, BAGALKOTE 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 B. MURALIDHARA PAI
Digitally
signed by
BHARATHI
H M
Date:
2026.10.29
14:49:05
+0530
BHARATHI
H M
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HC-KAR
NC: 2026:KHC-D:17498
CP No. 100299 of 2026
CNR: KAHC020127972026
ORAL ORDER
Heard learned Counsel for the Petitioner and learned
Counsel for the Respondent.
2. The petitioner is the wife of the respondent.
She has maintained this petition under Section 24 of CPC
praying to withdraw the petition in M.C.No.3383/2026
pending on the file of learned Principal Judge Family Court,
Bengaluru and to transfer the same to the Court of learned
Principal Judge, Family Court, Bagalkot. The respondent
has maintained the petition in MC No.3383/2026 under
Section 13(1) of the Hindu Marriage Act, 1955 praying for
dissolution of their marriage.
3. The petitioner has prayed for transfer of the
case pending before the court at Bengaluru to the court at
Bagalkot on the ground that presently she is residing at
Bagalkot and she has no independent source of income to
bear the traveling and other expenses. She submits that
the distance between Bagalkot and Bengaluru is
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HC-KAR
NC: 2026:KHC-D:17498
CP No. 100299 of 2026
CNR: KAHC020127972026
approximately 500 kms. She further states that she has
already instituted a petition in Criminal Misc.No.5/2025
against the respondent on the file of learned Principal
Judge, Family Court, Bagalkot seeking maintenance and
that the respondent has entered appearance in the said
proceeding and contesting the matter. She alleges that the
respondent has maintained the petition in MC
No.3383/2026 as a counter blast and to compel her to
travel the long distance despite being fully aware that she
is residing at Bagalkot.
4. The respondent in his objection to this petition
contended that the petitioner has maintained the petition
with an intention to cause undue hardship, professional
prejudice and structural disruption to him, who is in a
private corporate job at Bengaluru and knowing that he
cannot abandon his work regularly without effecting career
and financial risk. He submitted that though the
convenience of a wife is considered in matrimonial transfer
matters, it cannot be treated as the sole absolute criteria
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HC-KAR
NC: 2026:KHC-D:17498
CP No. 100299 of 2026
CNR: KAHC020127972026
and that the court must balance equity so that it does not
inflict genuine financial, functional and occupational
distress upon the husband. He stated that he is willing to
facilitate the operational trial via video conference or
alternately to bear the reasonable travel and lodging
expenses of the petitioner for essential dates when her
physical presence is totally mandated before the court at
Bengaluru. He contended that the petitioner can effectively
contest and participate in the proceedings of MC
No.3383/2026 virtually. Hence, he prayed for dismissal of
the petition.
5. In N.C.V.Aishwarya Vs A.S.Saravana
Karthik Sha reported in 2022 LiveLaw (SC) 627,
Hon’ble Apex Court has held that when two or more
proceedings are pending in different courts between the
same parties which raise common question of fact and
law, and when the decisions in the cases are inter
dependent, it is desirable that they should be tried
together by the same Judges so as to avoid multiplicity in
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HC-KAR
NC: 2026:KHC-D:17498
CP No. 100299 of 2026
CNR: KAHC020127972026
trial of the same issues and conflict of decisions. It is
further held that given the prevailing socio-economic
paradigm in the Indian society, generally it is the wife’s
convenience which must be looked at while considering
the transfer.
6. In the case on hand, the petitioner is residing at
Bagalkot, which is at a distance of about 500 km from
Bengaluru. She has no independent source of income or
support to travel and meet other expenses. Further, one
more proceeding initiated by the petitioner against the
respondent in Crl. Misc. No.5/2025 is pending before the
learned Principal Judge, Family Court, Bagalkot.
Undisputedly, the proceeding in MC No.3383/2026 is a
later proceeding initiated by the respondent. In these
circumstances, this Court holds that the petitioner has
made out valid grounds to seek transfer of the case
pending before the Court at Bengaluru to the Court at
Bagalkot.
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HC-KAR
NC: 2026:KHC-D:17498
CP No. 100299 of 2026
CNR: KAHC020127972026
7. In result, this Court proceeds to pass the
following:
ORDER
a. The Civil Petition is allowed .
b. The proceeding in M.C. No.3383/2026
pending on the file of learned Principal Judge
Family Court, Bengaluru is withdrawn and
transferred to the Court of learned Principal
Judge, Family Court, Bagalkot, for its
disposal in accordance with law.
c. The parties are directed to appear before the
Court of learned Principal Judge, Family
Court, Bagalkot, on 30.11.2026 at 11.00
a.m., to take notice of further proceeding in
transferred petition.
d. Office is directed to communicate the order
to the concerned courts, forthwith.
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HC-KAR
NC: 2026:KHC-D:17498
CP No. 100299 of 2026
CNR: KAHC020127972026
In view of the disposal of the petition, pending
applications if any, stand disposed of as they do not
survive for consideration.
SD/-
(B. MURALIDHARA PAI)
JUDGE
HMB/CT:PA
LIST NO.: 1 SL NO.: 43