- 1 - HC-KAR NC: 2025:KHC:52461 CP No. 274 of 2025 C/W CP No. 273 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CIVIL PETITION NO. 274 OF 2025 C/W CIVIL PETITION NO. 273 OF 2025 IN CP No. 274/2025 BETWEEN: SUMITHA AGED ABOUT 36 YEARS, W/O HARSHARAJ POOJARI D/O MAHABALESHWAR K, PRESENTLY R/O 1-13/1, MOODAHADU, SASTHANA, BRAHMAVARA TALUK, UDUPI DISTRICT - 576 226. …PETITIONER (BY SRI. NARTHANA G.U, ADVOCATE) AND: HARSHARAJ POOJARI AGED ABOUT 39 YEARS, R/O A-103, GOOD EARTH MALHAR, MEDLEY COMMUNITY, KENGERI HOBLI, BENGALURU, KARNATAKA - 560 060. …RESPONDENT (BY SMT. VAISHNAVI DEVAMANE, ADVOCATE FOR SRI. UDAYA PRAKASH M, ADVOCATE) Digitally signed by KAVYA R Location: High court of Karnataka - 2 - HC-KAR NC: 2025:KHC:52461 CP No. 274 of 2025 C/W CP No. 273 of 2025 THIS CP IS FILED UNDER SECTION 24 OF CPC, PRAYING TO TRANSFER THE CASE IN M.C.NO.899/2024 ON THE FILE OF HONBLE II ADDITIONAL SENIOR CIVIL JUDGE BENGALURU RURAL DISTRICT AT BENGALURU TO THE COURT OF PRINCIPAL JUDGE FAMILY COURT AT UDUPI BY ALLOWING THIS PETITION AND GRANT SUCH OTHER AND FURTHER RELIEFS AS THIS HONBLE COURT DEEMS AND PROPER UNDER THE CIRCUMSTANCES OF THIS CASE, IN THE INTERESTS OF JUSTICE AND EQUITY. IN CP NO. 273/2025 BETWEEN: SUMITHA AGED ABOUT 36 YEARS, W/O HARSHARAJ POOJARI D/O MAHABALESHWAR K, PRESENTLY R/O 1-13/1, MOODAHADU, SASTHANA, BRAHMAVARA TALUK, UDUPI DISTRICT - 576 226. ...PETITIONER (BY SRI. NARTHANA G.U, ADVOCATE) AND: HARSHARAJ POOJARI AGED ABOUT 39 YEARS, R/O A-103, GOOD EARTH MALHAR, MEDLEY COMMUNITY, KENGERI HOBLI, BENGALURU, KARNATAKA - 560 060. ...RESPONDENT (BY SMT. VAISHNAVI DEVAMANE, ADVOCATE FOR SRI. UDAYA PRAKASH M, ADVOCATE) THIS CIVIL PETITION IS FILED UNDER SEC. 24 OF THE CIVIL PROCEDURE CODE. 1908 PRAYING TO, TRANSFER THE CASE IN G AND W.C. NO. 123/2024 ON - 3 - HC-KAR NC: 2025:KHC:52461 CP No. 274 of 2025 C/W CP No. 273 of 2025 THE FILE OF THE HONBLE II ADDITIONAL SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT, AT BENGALURU TO THE COURT OF THE PRINCIPAL JUDGE, FAMILY COURT AT UDUPI, BY ALLOWING THIS PETITION AND GRANT SUCH OTHER AND FURTHER RELIEFS AS THIS HONBLE COURT DEEMS FIT AND PROPER UNDER THE CIRCUMSTANCES OF THIS CASE, IN THE INTEREST OF JUSTICE AND EQUITY. THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER Heard Smt.Narthana G. U., learned counsel for the petitioner. 2. In these matters, petitioner has filed petition under Section 24 of Code of Civil Procedure with the following prayer: “Wherefore, the petitioner prays that this Hon’ble Court may be pleased to transfer the case in MC No.899/2024 on the file of Hon’ble II Additional Senior Civil Judge Bengaluru Rural District at Bengaluru to the Court of Principal Judge Family Court at Udupi by allowing this petition and grant - 4 - HC-KAR NC: 2025:KHC:52461 CP No. 274 of 2025 C/W CP No. 273 of 2025 such other and further reliefs as this Hon’ble Court deems fit and proper under the circumstances of this case, in the interest of justice and equity.” 3. Facts of the case for disposal of the present petitions are as under: 3.1. On account of strained matrimonial relationship, husband has filed a petition for divorce on the file of in M.C.No.899/2024 on the file of Prl. Senior Civil Judge, Bengaluru Rural Court. 3.2. Likewise he has filed a petition for custody of the minor child on the file of same Court in G and WC No.123/2024. 4. Wife is seeking transfer of those matters to Udupi as she is residing in Udupi along with the minor child. 5. She also expresses her inability to attend the Courts at Bengaluru Rural Court on account of geographical distance and inconvenience that is caused - 5 - HC-KAR NC: 2025:KHC:52461 CP No. 274 of 2025 C/W CP No. 273 of 2025 apart from financial inability and hardship to the minor child. 6. The grounds of transfer are opposed by the husband. 7. Having noted the contentions of both sides, this Court is of the considered opinion that geographical distance and financial incapacity including the hardship that would be caused to the minor are no longer valid parameters for transfer of the pending proceedings from Prl. Senior Civil Judge, Bengaluru Rural Court to Family Court, Udupi in view of the video conferencing facility. 8. If the petitioner/wife files and application before the Prl. Senior Civil Judge, Bengaluru Rural Court, permitting her to appear through videoconference, same shall be allowed by the learned Trial Judge. 9. Likewise, the jurisdictional issue with regard to the pending case in G and WC No.123/24 can be raised before the Prl. Senior Civil Judge, Bengaluru Rural Court - 6 - HC-KAR NC: 2025:KHC:52461 CP No. 274 of 2025 C/W CP No. 273 of 2025 by the wife, by filing necessary application and suitable orders would be passed by the concerned court. 10. With the above directions, following: ORDER Petitions are dismissed. Sd/- (V SRISHANANDA) JUDGE KAV List No.: 1 Sl No.: 25