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2025 DAILYLAW 41181 (KAR)

YASHASWINI Y K v. KAUSHIK S RAJ

CP/382/2025 · 2025-11-12

V Srishananda

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:46030 CP No. 382 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CIVIL PETITION NO. 382 OF 2025 BETWEEN: YASHASWINI Y.K, D/O Y.K. KENCHEGOWDA, AGED ABOUT 35 YEARS, R/AT NO. 68, 5TH MAIN, 10TH CROSS, 'M' BLOCK, KUVEMPUNAGAR MYSURU - 570 023. …PETITIONER (BY SRI. M.R. SURYA KUMAR, ADVOCATE) AND: KAUSHIK S. RAJ PRESENTLY R/AT: S/O LATE M. SUGANDHARAJ AGED ABOUT 42 YEARS R/AT SJR EASTWOOD APARTMENT SARJAPURA MAIN ROAD HARALURU, BENGALURU - 560 102. AND IN NO. 732, 15TH A MAIN ROAD, SECTOR-3, HSR LAYOUT, BENGALURU, KARNATAKA - 560 102. …RESPONDENT *** THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF THE CIVIL PROCEDURE CODE,1908, PRAYING TO ORDER FOR Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:46030 CP No. 382 of 2025 TRANSFER OF THE M.C.PETITION, WHICH IS PENDING ON THE FILE OF HON'BLE III ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BENGALURU, IN M.C.NO.3201/2025 TO THE HON'BLE FAMILY COURT, MYSURU, IN THE INTEREST OF JUSTICE AND EQUITY. THIS CIVIL PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER Heard Sri.M.R.Surya Kumar. This Court did not deem it fit to issue notice to the respondent. 2. Petition under Section 24 of the Code of Civil Procedure, 1908, is filed by the wife against her husband with the following prayer: "Wherefore, the petitioner most humbly prays that this Hon'ble Court may kindly be pleased to order for transfer of the MC petition, which is pending on the file of Hon'ble III Additional Principal Judge, Family Court, Bengaluru in MC No.3201/2025 to the Hon'ble Family Court, Mysuru, in the interest of justice and equity." 3. Facts in the nutshell which are utmost necessary for disposal of the present petition are as under: - 3 - HC-KAR NC: 2025:KHC:46030 CP No. 382 of 2025 Respondent/husband filed a petition for dissolution of the marriage between the parties on the file of the Principal Judge, Family Court, Bangalore, in M.C.No.3201/2025, whereas, the wife has filed a petition under the Domestic Violence Act and also a criminal complaint before the Court of Mysuru City Women Police Station for the offence under Sections 85, 352, 351(3) r/w. 3(5) of BNS, 2023 and Sections 3 and 4 of the Dowry Prohibition Act, 1961. 4. Wife is now seeking transfer of the divorce petition from Bengaluru to Mysuru. The reasons assigned by the wife for the purpose of seeking transfer is the financial difficulty and the geographical distance to effectively participate before the Court at Bengaluru in the divorce petition filed by the husband. 5. Geographical distance and financial incapacity are no longer good parameters for allowing the petition relief, in view of the video conferencing facility. - 4 - HC-KAR NC: 2025:KHC:46030 CP No. 382 of 2025 6. Since criminal case is filed seeking necessary orders from the Magistrate against the husband by the wife and also action under the D.V. Act has been initiated, possibility of amicable settlement is meager in the case on hand. 7. Nevertheless, petitioner can effectively participate in the divorce proceedings filed before the Family Court, Bengaluru, through video-conferencing facility. 8. If the wife/petitioner files an application before the Family Court, seeking permission of the Family Court to participate through video conferencing, the learned Judge shall permit the petitioner to do so. 9. With that observation, the civil petition is dismissed. Pending I.A.No.1/2025 is consigned to record. Sd/- (V SRISHANANDA) JUDGE BMV*