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2025 DAILYLAW 42481 (KAR)

SMT.POOJITHA A.O. v. SRI SRIDUTTA

CP/109/2025 · 2025-11-04

V Srishananda

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:44474 CP No. 109 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 04TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CIVIL PETITION No.109 OF 2025 BETWEEN: SMT.POOJITHA A.O. W/O SHRIDUTTA D/O H.OMKARAPPA AGED ABOUT 27 YEARS NEAR THOTADAMANE JAGGANNA SANJEEVINI SCHOOL BACKSIDE RESIDING AT TEACHERS COLONY, HOUSING BOARD, CHIKKAMAGALURU DISTRICT -577101 …PETITIONER (BY SRI A MADHUSUDHANA RAO, ADVOCATE) AND: SRI SRIDUTTA S/O LATE SAMPATH.K.M AGED ABOUT 33 YEARS R/AT NO.49, VIBHAWARI, 1ST MAIN ROAD, 2ND CROSS, VYALIKAVAL BENGALURU -560003 …RESPONDENT (BY SRI SIDDIQ HUSSAIN KHAN, ADVOCATE) THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF THE CIVIL PROCEDURE CODE, PRAYING TO TRANSFER M.C.No.7582/2024 FILED BY THE RESPONDENT AGAINST PETITIONER WHICH IS PENDING BEFORE IV ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BENGALURU SOUTH DISTRICT, TO THE COURT OF THE PRINCIPAL JUDGE, FAMILY COURT, CHIKMAGALUR AND ALLOW THIS PETITION WITH COST AND GRANT SUCH OTHER RELIEF AS THIS HON’BLE COURT DEEMS FIT IN THE INTEREST OF JUSTICE AND EQUITY. Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:44474 CP No. 109 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 Parties present. Amicable settlement not reported in view of the fact that the parties are unable to see eye to eye. 2. Civil Petition under Section 24 of the Code of Civil Procedure with the following prayer: “WHEREFORE, it is most respectfully be prayed that this Hon’ble Court may be pleased to transfer M.C.No.7582/2024 filed by the respondent against petitioner which is pending before IV Additional Principal Judge, Family Court, Bengaluru South District, to the Court of the Principal Judge, Family Court, Chikmagalur and allow this petition with cost and grant such other relief as this Hon’ble Court deems fit in the interest of justice and equity.” 3. Respondent/husband has filed matrimonial case in M.C. No.7582/2024 for restitution of conjugal rights under Section 9 in the Hindu Marriage Act, which is now pending on the file of the Family Court, Bengaluru. - 3 - HC-KAR NC: 2025:KHC:44474 CP No. 109 of 2025 4. Petitioner/wife has filed a petition in Crl.Misc. No.159/2024 under Section 144 Bharatiya Nagarik Suraksha Sanhita, 2023, seeking maintenance. Said case is pending on the file of Family Court, Chikkamagaluru. 5. Wife has filed the present petition seeking transfer of M.C.No.7582/2024 from the Court of IV Additional Principal Judge, Family Court, Bengaluru, to the Court of Principal Judge, Family Court, Chikkamagaluru. 6. Husband has filed a petition seeking transfer of Crl. Misc.No.159/2024 from Chikkamagaluru to the Court at Bengaluru. This Court is not considering the said aspect of the matter because of the fact that the roster of that transfer petition is before some other Court. 7. Having regard to the contents of the petition and the grounds urged seeking transfer in the present Civil Petition, this Court is of the considered opinion that geographical distance and financial constraints cannot be good ground for transfer of any case, in view of the videoconferencing facility. - 4 - HC-KAR NC: 2025:KHC:44474 CP No. 109 of 2025 8. Hence, petitioner/wife can appear before the Court at Bengaluru effectively through video conferencing. 9. If any such application is filed by the petitioner/wife before the Family Court, Bengaluru, same shall be allowed by the learned Trial Judge and permit the petitioner to appear through video conferencing. 10. Likewise, the wife may oppose the petition filed by the husband on the aforesaid grounds before the appropriate Court, in accordance with law. 11. Hence, the following: ORDER Civil Petition is dismissed. Sd/- (V SRISHANANDA) JUDGE kcm List No.: 2 Sl No.: 48