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2025 DAILYLAW 48914 (KAR)

SMT. S. M. SOWMYA v. SRI. H. M. G. PRUTHVIRAJ

CP/355/2025 · 2025-10-27

V Srishananda

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:42673 CP No. 355 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CIVIL PETITION NO. 355 OF 2025 BETWEEN: SMT. S. M. SOWMYA D/O CHANDRAMOULI SWAMY AGED ABOUT 30 YEARS R/AT ROPANAGUDI VILAGE BALLARI TALUK AND DISTRICT BALLARI - 583 101. …PETITIONER (BY SMT. GEETHA PRABHURAJ HALAKERI, ADVOCATE) AND: SRI. H. M. G. PRUTHVIRAJ S/O H M GOWRISHANKAR AGED ABOUT 33 YEARS R/AT NEAR ERAGUNTESHWARA TEMPLE ADIVALA VILLAGE, HIRIYUR TALUK CHITRADURGA DISTRICT HIRIYUR - 577 599. …RESPONDENT (RESPONDENT IS SERVED AND UNREPRESENTED) THIS CP IS FILED UNDER SECTION 24 OF CPC, PRAYING TO WITHDRAW THE M.C. NO. 47/2025 FROM THE SENIOR CIVIL JUDGE AND JMFC AT HIRIYUR AND TRANSFER THE SAME TO THE PRINCIPAL FAMILY COURT AT BALLARI. Digitally signed by SHARADAVANI B Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:42673 CP No. 355 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 learned counsel for the petitioner. Respondent is served with the notice and unrepresented. 2. Petition is filed under Section 24 of CPC with the following prayer: “Wherefore, it is prayed that this Hon’ble court be pleased to- i. Withdraw MC No.47/2025 from the Senior Civil Judge and JMFC at Hiriyur and transfer the same to the Principal Family Court at Ballari. ii. To pass further and such other order which this Hon’ble Court may deem fit.” 3. Facts in the nutshell which are utmost necessary for disposal of the petition are as under: - 3 - HC-KAR NC: 2025:KHC:42673 CP No. 355 of 2025 3.1. Respondent is the husband of the petitioner. Their marriage got solemnized on 27.11.2020 at Ballari. Couple leaved a happy married life for a brief period. 3.2. On account of differences that arouse in the matrimonial relationship, wife filed a petition under Section 9 of the Hindu Marriage Act at Court at Ballari in MC No.208/2025; whereas husband has filed a petition under Section 13(1)(ia) of the Hindu Marriage Act in MC No.47/2025 at Hiriyur Court. 3.3. Wife has now sought the transfer of the divorce petition from Hiriyur to Ballari on the ground that she is unable to travel from Hiriyur to Ballari for the effective participation in the pending matrimonial case. 4. Taking note of the fact that videoconference facility is now available; either of the parties can make use of the said facility in participating in the pending proceedings. - 4 - HC-KAR NC: 2025:KHC:42673 CP No. 355 of 2025 5. If the petitioner/wife files an application seeking permission of the Court at Hiriyur to participate through videoconferencing, learned Trial Judge shall allow the said application and permit the wife to participate effectively in the pending matrimonial proceedings at Hiriyur. 6. With that liberty, following: ORDER Petition is dismissed. Sd/- (V SRISHANANDA) JUDGE KAV List No.: 2 Sl No.: 41