- 1 - HC-KAR NC: 2025:KHC:42452 CP No. 301 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CIVIL PETITION No.301 OF 2025 BETWEEN: MRS. G. ROJA D/O GURUMURTHY D.O W/O MR. SHRIDHAR AGED ABOUT 28 YEARS, R/AT NO.4-182/2, KSRP QUARTERS ROAD, PRAKASH SHETTY COMPOUND, ASAIGOLI POST, KONAJE, DAKSHINA KANNADA -574 199. …PETITIONER (BY SRI JITHIN JEIJO, ADVOCATE) AND: MR. SHRIDHARA S/O JAYAPPA AGED ABOUT 33 YEARS, R/AT 33, KURUBARAHALLI, KURUBARAHALLI POST, CHALLAKERE, CHITRADURGA - 577 520. …RESPONDENT (RESPONDENT IS SERVED AND UNREPRESENTED) THIS CP IS FILED UNDER SECTION 24 OF CIVIL PROCEDURE CODE, PRAYING TO TRANSFER THE CASE IN M.C No.109/2025 PENDING ON THE FILE OF THE HONBLE 1ST SENIOR CIVIL JUDGE, CHITRADURGA, TO THE PRINCIPAL FAMILY JUDGE, FAMILY COURT, MANGALURU, DAKSHINA KANNADA TO TRY THE MATTER ALONG WITH THE CRL. MISC. No.62/2025 PENDING ON THE FILE OF THE ADDITIONAL PRINCIPAL FAMILY JUDGE, FAMILY COURT, MANGALURU, DAKSHINA KANNADA BY ALLOWING THIS PETITION. Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:42452 CP No. 301 of 2025 THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER Heard Sri Jithin Jeijo, learned counsel for the petitioner/wife. 2. Petition is filed under Section 24 of the 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 M.C.No.109/2025 pending on the file of the Hon’ble 1st Senior Civil Judge, Chitradurga, to the Hon’ble Principal Family Judge, Family Court, Mangaluru, Dakshina Kannada, to try the matter along with Crl.Misc.62/2025 pending on the file of the Hon’ble 1st Addl. Principal Family Judge, Family Court, Mangaluru, Dakshina Kannada, by allowing this petition and grant such other and further relief as this Hon’ble Court deems fit and proper under the circumstances of this case, in the interest of justice and equity” 3. Facts in the nutshell for the disposal of the present petition are as under: - 3 - HC-KAR NC: 2025:KHC:42452 CP No. 301 of 2025 Respondent/husband filed a petition on the file of the Senior Civil Judge, Chithradurga, under Section 9 of the Hindu Marriage Act seeking restitution of conjugal rights with the petitioner. 4. In the said case, petitioner/wife did not properly participate. The matter is now set down for passing the judgment. But for the stay order passed in the present petition, matter would have ended long back. 5. Petitioner is seeking transfer of the said case to the Family Court at Mangaluru on the ground that Chithradurga is a strange place for the petitioner. 6. It is also contended that petitioner cannot travel the distance from Mangaluru to Chithradurga for effectively participating in the pending matrimonial case. 7. Respondent/husband is served and unrepresented. 8. Having heard the learned counsel for the petitioner/wife, this Court is of the considered opinion that, if the petitioner is - 4 - HC-KAR NC: 2025:KHC:42452 CP No. 301 of 2025 not willing to join the husband even after the order, consequences in law would follow. 9. Moreover, petitioner can appear through video conferencing. 10. If any application is filed by the petitioner/wife seeking permission for participation in the proceedings through video conferencing, the learned Trial Judge shall allow the same. 11. With that observation, the following: ORDER Petition dismissed. Sd/- (V SRISHANANDA) JUDGE kcm List No.: 1 Sl No.: 42