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2025 DAILYLAW 41190 (KAR)

SMT.SHILPA @ SHILPA B K v. MR.KIRAN SAGAR G M

CP/268/2025 · 2025-10-23

V Srishananda

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:42145 CP No. 268 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CIVIL PETITION NO. 268 OF 2025 BETWEEN: SMT.SHILPA @ SHILPA B K W/O KIRAN SAGAR M G, D/O KEMPEGOWDA, AGED ABOUT 31 YEARS, R/AT NO. 39/1, RANGANATHA NILAYA, 3RD FLOOR, 2ND MAIN ROAD, KALYANAMANTAPA ROAD, HONGASANDRA, BENGALURU- 560 068. …PETITIONER (BY SRI. ARIKESARI K K., ADVOCATE) AND: MR.KIRAN SAGAR G M S/O MUDLAGIRIYAPPA, AGED ABOUT 38 YEARS, BAVIKERE VILLAGE, LAKKAVALLI HOBLI, TARIKERE TALUK, CHIKKAMAGALURU DISTRICT- 577 144. …RESPONDENT (BY SRI. KIRAN SAGAR G.M- SERVED AND UNREPRESENTED) Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:42145 CP No. 268 of 2025 THIS CIVIL PETITION FILED UNDER SEC. 24 OF THE CIVIL PROCEDURE CODE. 1908 PRAYING TO TRANSFER THE PETITION IN MC NO.40/2024 PENDING ON THE FILE OF THE HONBLE SENIOR CIVIL JUDGE AND JMFC, TARIKERE, CHIKKAMAGALURU DISTRICT TO THE PRINCIPAL FAMILY JUDGE, BENGALURU AS PER ANNEXURE - C. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER 1. Heard Sri. Arikesari K.K., learned counsel for the petitioner. Respondent served and unrepresented. 2. Present petition is filed under Section 24 of the Code of Civil Procedure with the following prayer: a. Transfer the petition in M.C. NO.40/2024 pending on the file of the Hon'ble Senior Civil Judge and JMFC, Tarikere, Chikkamagaluru District to the Principal Family Judge, VBengaluru, as per Annexure - C. 3. Wife is the petitioner who is the respondent in M.C. No.40/2024 on the file of Civil Judge (Senior Division), Tarikere, Chikkamagaluru District. - 3 - HC-KAR NC: 2025:KHC:42145 CP No. 268 of 2025 4. Said the matrimonial case is filed for the relief of divorce under Section 13(i)(b) of the Hindu Marriage Act. 5. Counsel for the petitioner submits that the respondent is not a law-abiding citizen and there is a criminal case pending against him for the offence under Section 307 of the Indian Penal Code and also under Section 498-A of the Indian Penal Code. 6. Therefore if the petitioner visits the Tarikare Court, there is a very possibility of threat to her life. Therefore petition needs to be allowed. 7. In the light of the argument put forth on behalf of the petitioner this Court perused the material on record meticulously. 8. Admittedly, the matrimonial relationship between the parties is strained. There are criminal cases pending between the parties. - 4 - HC-KAR NC: 2025:KHC:42145 CP No. 268 of 2025 9. Under such circumstances, transferring the matrimonial case from Tharikere to Bangalore would result in untold hardship to the parties inasmuch as the pendency before the Family Courts at Bangalore is very huge compared to the number of matrimonial cases pending before the Civil Judge, Senior Division, Tarikere. 10. Further, in view of the video conferencing facility being made available to the parties and parties can successfully participate in the proceedings through video conferencing. 11. Noting the same, if an application is filed by the present petitioner who is respondent in M.C. No.40/2024, the same shall be considered by the learned trial judge and permit the petitioner to appear through video conferencing and effectively participate in the matrimonial proceedings. - 5 - HC-KAR NC: 2025:KHC:42145 CP No. 268 of 2025 12. With that observation and following order: ORDER Civil petition is dismissed. Sd/- (V SRISHANANDA) JUDGE SNC, ct:SG List No.: 1 Sl No.: 26