Child Living With Maternal Grandparents In Tarikere: Karnataka HC Moves Father’s Custody Case There For Joint Hearing

The petitioner in CP No. 266/2026, the child’s father, sought transfer of the maternal grandparents’ guardianship proceeding, G&WC No. 1/2026, from the Senior Civil Judge, Tarikere, to the Family Court, Davanagere.

The grandparents sought, in CP No. 383/2026, transfer of the father’s custody proceeding, G&WC No. 30/2025, from Davanagere to Tarikere.

The parents had married in 2022 and their son was born in 2023.

After the mother died by suicide in March 2024, the grandparents took custody of the child.

The child was residing with them at Tarikere, a fact not disputed before the Court.

Section 9 of the Guardians and Wards Act, 1890 requires a petition concerning guardianship or custody of a minor to be presented to the court having jurisdiction over the place where the minor ordinarily resides.

Section 24 of the Code of Civil Procedure, 1908 empowers the High Court to transfer proceedings between competent courts.

The Court also considered the Division Bench decision in Priyanka V. v. Prashanth D. Veerapur [2026:KHC:44975-DB], which states that circumstances preceding the dispute are relevant and a party cannot create a different forum merely by taking the child from one place to another.

Since the child was living with the grandparents at Tarikere and that residence was undisputed, the Court held that the Davanagere custody proceeding was not maintainable under Section 9.

For the same reason, it was inappropriate to transfer the Tarikere guardianship proceeding to Davanagere.

The appropriate course was to have both matters heard at Tarikere, while directing expedition and recording the parties’ undertaking to cooperate.

It withdrew G&WC No. 30/2025 from the Family Court, Davanagere, and transferred it to the Senior Civil Judge, Tarikere, to be tried with G&WC No. 1/2026.

The transferee court was directed to expedite the proceedings, and both parties’ undertaking to cooperate was recorded.