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2025 DAILYLAW 39171 (KAR)

ANAGHA K S v. SURESH P

CP/370/2025 · 2025-12-01

V Srishananda

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:50028 CP No. 370 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 01ST DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CIVIL PETITION No.370 OF 2025 BETWEEN: ANAGHA K S W/O SURESH P. D/O K.S. SOMASHEKAR AGED ABOUT 30 YEARS, R/AT NO.935, UPSTAIRS, 8TH MAIN, GOKULAM 3RD STAGE, MYSORE – 570 002. …PETITIONER (BY SRI MOHAN B K, ADVOCATE) AND: SURESH P S/O SUDHAKAR P AGED ABOUT 32 YEARS, R/AT 41/13, 7TH CROSS, ITTAMADU, BANASHANKARI 3RD STAGE, BANGALORE – 560 085. …RESPONDENT (BY SRI SEENAPPA V, ADVOCATE) THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF THE CIVIL PROCEDURE CODE 1908, PRAYING TO TRANSFER THE PETITION FILED BY THE RESPONDENT AGAINST THE PETITIONER IN M.C.No.2300/2025 PENDING BEFORE THE IV ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, AT BANGALORE TO II ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT AT MYSURU, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:50028 CP No. 370 of 2025 CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER Heard Sri Mohan B.K., learned counsel for the petitioner and Sri Seenappa V, learned counsel for the respondent. 2. Present petition is filed under Section 24 of the Code of Civil Procedure with the following prayer: “WHEREFORE, it is prayed that this Hon’ble Court be pleased to transfer the petition filed by the respondent against the petitioner in M.C.No.2300/2025 pending before the Hon’ble IV Additional principal Judge, Family Court at Bengaluru to Hon’ble II Additional Principal Judge, Family Court at Mysuru, in the interest of justice and equity.” 3. Facts in brief for disposal of the present petition are as under: On account of strained relationship, wife filed the petition for divorce on the file of the Family Court at Mysuru. Later on, husband has filed a petition for restitution of conjugal rights under Section 9 of the Hindu Marriage Act before the Family Court at Bengaluru. - 3 - HC-KAR NC: 2025:KHC:50028 CP No. 370 of 2025 4. Wife is now seeking the petition filed by the husband to be transferred to the Court at Mysuru for effective disposal and in order to avoid the contradictory judgments by both the Courts. 5. The wife has sought for transfer on the ground that she is working in Mysuru, geographical distance, financial incapacity and also on the ground that obtaining the leave from her employer to attend the court at Bengaluru would cause lot of hardship. 6. Per contra, grounds of transfer is opposed by the learned counsel for respondent/husband. 7. Having heard the arguments of both sides, this Court perused the material on record meticulously. 8. Geographical distance, financial incapacity and other hardships pleaded by the wife are no longer valid parameters for transfer of the pending case from Family Court at Bengaluru to the Court at Mysuru in view of the video conferencing facility. - 4 - HC-KAR NC: 2025:KHC:50028 CP No. 370 of 2025 9. Petitioner/wife can very well appear through the video conference before the Court at Bengaluru and oppose the petition effectively. 10. If the wife files such an application before the Court at Bengaluru, learned Trial Judge in Family Court, Bengaluru shall permit the wife to appear through videoconferencing. 11. Likewise, husband can also appear through videoconferencing from Bengaluru to contest the case pending on the file of the Family Court at Mysuru. 12. With that observation, the following: ORDER Civil Petition is dismissed. Sd/- (V SRISHANANDA) JUDGE kcm List No.: 1 Sl No.: 31