- 1 - HC-KAR NC: 2025:KHC:42853 CP No. 375 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. 375 OF 2025 BETWEEN: 1. SMT. RADHIKA RATHOD W/O, SURESHNAIK. P. D/O, RAVICHANDRA RATHOD, AGE 35 YEARS, ASSISTANT MANAGER CANARA BANK, REGIONAL OFFICE, KALABURGI TOWN, G.D.A. LAYOUT, KUSANOOR ROAD, R/O, PLOT NO.372, SHIVASHANKARA NILAYA, KALABURGI - 585 104. …PETITIONER (BY SRI. SWAMYNATHAN R., ADVOCATE) AND: 1. SRI SURESH NAIK P S/O, PEETHYANAIK, AGE 37 YEARS, MANAGER, CANARA BANK, RAVICHETAN'S BUILDING, NITTUR, HOSANAGARA TALUK, SHIVAMOGGA DISTRICT - 577 452. R/O, HIREMAGADI TANDA, ANAVATTI HOBALI, SORABA TALUK, SHIVAMOGGA DISTRICT - 577 433. …RESPONDENT Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:42853 CP No. 375 of 2025 THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF THE CIVIL PROCEDURE CODE. 1908., PRAYING TO PASS AN ORDER OF TRANSFERRING THE PETITION BEARING MC NO.56/2025, PENDING BEFORE THE SENIOR CIVIL JUDGE AND JMFC, AT SORABA TO PRINCIPAL JUDGE, FAMILY COURT AT KALABURAGI. 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. Swaminathan, learned counsel for the petitioner. 2. Present civil petition is filed under Section 24 of the Code of Civil Procedure with the following prayer: "Pass an order of transferring the petition bearing M.C.No.56/2025, pending before Senior Civil Judge and JMFC at Soraba to Principal Judge Family Court at Kalaburagi." - 3 - HC-KAR NC: 2025:KHC:42853 CP No. 375 of 2025 3. Petitioner herein is the wife of the respondent who filed a petition for divorce at Family Court, Kalaburagi. Whereas the respondent has filed a petition for restitution of conjugal rights on the file of the Civil Judge (Senior Division), Soraba, Shivamogga District under Section 9 of the Hindu Marriage Act, which is pending in M.C. No.56/2025. 4. Wife is now seeking transfer of said restitution of conjugal rights petition to Kalaburagi for effective disposal. 5. Since the wife has already opted for divorce by filing a petition on the file of the Family Court at Kalaburagi, she may appear through video conferencing facility before the Court at Soraba and effectively participate in the said proceedings. 6. If the wife files such an application before the Court at Soraba seeking permission to appear through video conference and effectively participate in the case, the - 4 - HC-KAR NC: 2025:KHC:42853 CP No. 375 of 2025 learned Trial Judge at Soraba shall allow such application and permit the petitioner to appear through video conference. 7. With that observation, following Order: ORDER Civil Petition is dismissed. Sd/- (V SRISHANANDA) JUDGE SNC List No.: 1 Sl No.: 14 CT-SG