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2025 DAILYLAW 39798 (KAR)

SMT. SAHANA MASCARENHAS, v. SRI NOEL LAWRENCE DMELLO,

CP/329/2025 · 2025-11-18

V Srishananda

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:47550 CP No. 329 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CIVIL PETITION No.329 OF 2025 BETWEEN: SMT. SAHANA MASCARENHAS, W/O SRI NOEL LAWRENCE D MELLO, AGED ABOUT 27 YEARS R/AT KOWKODY VILLAGE, SAKLESHPURA TALUK, HOSUR POST, YESLURU, HASSAN DISTRICT-573137 …PETITIONER (BY MS.PAVANA FOR SRI PRATHEEP.K.C, ADVOCATE) AND: SRI NOEL LAWRENCE DMELLO, S/O SRI THOMAS DMELLO AGED ABOUT 35 YEARS R/AT NO.3-90, HITHILU HOUSE NEAR KANAJA CHURCH, KANAJAR VILLAGE, KARKALA TALUK, UDUPI DISTRICT-574104 …RESPONDENT (RESPONDENT SERVED AND UNREPRESENTED) THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF THE CIVIL PROCEDURE CODE, 1908, PRAYING TO TRANSFER THE DIVORCE PETITION FILED UNDER SECTION 10(1)(ix) OF INDIAN DIVORCE ACT IN M.C No.61/2024 PENDING ON THE FILE OF THE SENIOR CIVIL JUDGE AND ACJM, KARKALA TO SENIOR CIVIL JUDGE AND JMFC, AT SAKALESHPURA, HASSAN FOR TRIAL AND DISPOSAL IN ACCORDANCE WITH LAW. 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:47550 CP No. 329 of 2025 CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER Heard Ms.Pavana, advocate for Sri Pratheep K.C., learned counsel for the petitioner. 2. Petitioner/wife has filed the present petition under Section 24 of the Code of Civil Procedure with the following prayer: “WHEREFORE, the petitioner most humbly prays that this Hon'ble court be pleased to (a) Transfer of divorce petition filed U/S 10(1)(x) of Indian divorce act in M.C. No. 61/2024 pending on the file of Senior civil Judge & ACJM, Karkala to Senior civil Judge & JMFC at Sakaleshpura, Hassan for trial and disposal in accordance with law.” 3. Facts of the case which are utmost necessary for disposal of the present petition are as under: Respondent/husband filed a petition under Section 10 (1)(ix) of the Indian Divorce Act, 2001 which was numbered as M.C No.61/2024 on the file of the Senior Civil Judge and ACJM, Karkala, seeking dissolution of the marriage between the - 3 - HC-KAR NC: 2025:KHC:47550 CP No. 329 of 2025 parties solemnized on 24.01.2018 before the Marriage Officer, Karkala. 4. Said petition is now sought to be transferred from Karkala to Sakaleshpura on the ground of financial difficulty as well as the geographical distance. 5. Respondent/husband is served with the notice of the petition and remained absent. 6. Geographical distance and financial incapacity are no longer good parameters for transfer of a case from one Court to another Court, in view of the video conferencing facility. 7. Directing the petitioner to avail such facility and if such an application is filed, the learned Trial Judge in Karkala shall permit the petitioner to appear through video conferencing, the following: ORDER Civil Petition is dismissed. Sd/- (V SRISHANANDA) JUDGE kcm List No.: 2 Sl No.: 28